50 Years of Environmental Stewardship
Vermont Natural Resources Council: 50 Years of Environmental Stewardship
Published by The Vermont Natural Resources Council 2012 Vermont Natural Resources Council: 50 Years of Environmental Stewardship
Copyright © 2012 by Vermont Natural Resources Council Elizabeth Courtney, Executive Director (1997-2011)
Written and Edited by Stephen Holmes, Former Deputy Director (1992-2010) Layout by James Sharp, Of ice Manager Cover image modi ied from an original photograph of Worcester by Tim Seaver / vermontphoto.com
All rights reserved. No part of this book may be reproduced in any form or by any electronic or mechanical means, including information storage and retrieval systems, without written permission from the publisher, except by a reviewer who may quote brief passages in a review.
Published by:
Vermont Natural Resources Council 9 Bailey Avenue Montpelier, VT 05602 Acknowledgments
This VNRC history would not have been possible without the help of our Board Chair, Kinny Perot, and many other board members, staff members, and friends of VNRC, past and present.
Marion MacDonald, VNRC’s Staff Editor during the 1980’s contributed to this text. Her work is shown in italics in the irst three chapters.
_ iii _ iv Table of Contents
Introduction The Tumultuous 1960s - A Decade of Change and the Co-Inventors of an Important Idea 1
The 1970s - AN EPIC Era 15
The 1980s - The Laws that Roared 27
The 1990s – It’s the Economy…and the Environment 45
The Third Millennium: Coming of Age in the 21st Century Amidst New Challenges 71 Voices from the Past – Visions for the Future 107
Appendices 121
_ v _ vi An Introduction from Elizabeth Courtney, Executive Director 1997-2011
In 2013 Vermont Natural Resources Council will celebrate a milestone event—50 years of protecting and restoring Vermont’s natural resources– educating, inspiring and activating thousands of Vermonters to champion all that we love about our beautiful state.
We’re marking our 50th anniversary by bringing Vermonters together to envision a better future, and to establish a lasting legacy. As VNRC works to raise awareness, spark dialogue and set policies that protect our forests, farms, waters and communities, we celebrate our anniversary and pledge to continue to protect Vermont’s natural heritage and promote responsible development over the next 50 years.
This publication is a sample of the best of our accomplishments and ongoing initiatives.
_ vii “We’re on the verge of the greatest development Vermont has ever seen.” –Senator George Aiken, on the opening of the Putney section of Interstate highway in 1961
May 11, 1961
Construction of Williston Section of Interstate
July 11, 1962
“Sooner or later we're going to end up as all asphalt and concrete.” –Theron Boyd, dairy farmer, from VNRC’s 1971 ilm So Goes Vermont
October 11, 1964 The Tumultuous 1960s - A Decade of Change and the Co-Inventors of an Important Idea
Challenges * Volunteer amateurs need help - VNRC hires first paid Getting answers to questions about how – and why – * Natural Resources Threatened – VNRC founded by professional staff. VNRC began is a lot like researching the origin of the farmers and foresters universe. There are so many different theories that The year 1963 was captured in song in Bob Dylan’s one is left with the conclusion that it was just one of * Rapid Growth Overtakes Vermont– VNRC urges The Times They Are A-Changin’. Rachel Carson’s those ideas whose time had come. Governor Deane Davis to create an Environmental landmark book, Silent Spring, drawing attention to Control the long-term effects of pesticide misuse and calling VNRC’s irst chairman, Richard M. Brett of Woodstock, Commission for a new way for humankind to view the natural recalls discussing the idea with Lucy Bugbee, Hub Vogelmann and the late Dr. James Marvin. Belmont (Gibb world, had been published the year before. Pitkin and Goddard College founder Royce “Tim” Commission) Pitkin had similar ideas, along with Forests and Parks and advocates The Interstate Highway system had been working its way through Vermont for 5 years, but was still 20 commissioner Perry Merrill. passage of years from completion. Phil Hoff had just taken of ice state planning as the irst Democrat elected Governor of Vermont in As VNRC pillar Jim Wilkinson says, “There was ferment and billboard 108 years. And a growing number of people in in the state to get some kind of organization started.” laws. Vermont were talking about the changing face of the Some of that ferment was distilled and capped at a state and how best to protect its natural resources. statewide conference on “Natural Resources in * Vermont Transition” at Goddard College, February 25-26, 1963. Yankee In the Spring 1984 edition of the Vermont The conference program included an “inventory” of Proposed – VNRC advocates public health. Environmental Report celebrating VNRC’s 20th the state’s resources by the Vermont commissioners of anniversary, then editor Marion MacDonald took us Agriculture, Forests and Parks, Water Resources and * Public Education Needed – Audio-visual program on back to those heady days when VNRC took root in the State Geologist, as well as discussions of the natural resources and conservation created her article “The First Twenty Years”: impact of technology on agriculture and
_ 2 “From that time (1925) on until the Perry Merrill transportation and the need for long range “I always loved Vermont, and anything that I present day, the State of Vermont has planning for resource management and saw work in other places, I wanted to apply acquired nearly 170,000 acres of forest development. to Vermont. I was sure that her beauty was land in Vermont. Perry Merrill’s name has so great that people once experiencing it been associated with nearly all According to a June 14, 1963, letter to would want to return again and again. I recreational and forestry developments in participants from conference chairman Sam wanted people to be able to swim in her our state. Perry may well be called the Ogden, “The idea of a Resources Council was lakes, canoe in her rivers, camp in her ‘Father of Vermont State parks,” for it was proposed early in the conference by Mr. Robert forests and drive through her hills and under his guidance that the Civilian Fish, Jr., a trustee of the Vermont Nature valleys. And especially I wanted to know Conservation Corps built the beautiful Conservancy. At a later session the idea was that her natural resources would be areas which both in-staters and out-of- further explored by Mr. Fred Sargent, developed in a way that would preserve staters now enjoy. It was in no small way agricultural economist at the University of them for future generations. I have been due to his aiding and abetting, cajoling and Vermont. At the inal session the conference fortunate indeed to see much of that urging, that Vermont is now noted for its voted unanimously to establish a committee to dream come true.” excellent ski areas. His was one of the formulate a proposal for a Vermont Resources –Perry Merrill first cries in the wilderness for conservation – and conservation education. School Council…” children are still reaping the benefits of his earlier wisdom.” The conference appointed a six-member ad hoc committee chaired by Ogden which drew up –George David Aiken plans and bylaws for the new organization and presented them to a meeting at Goddard on June 27, 1963. An organizational meeting was held the following day, and a press release “Even with his long and very effective years in Vermont government, Perry Merrill dated June 29, 1963, proclaims that: in the early 1960s saw the need for an effective citizen conservation organization. Perry Merrill truly was a visionary person. VNRC shares, and is grateful for, Perry’s conservation ideals and vision.” –Bren Whittaker
_ 3 The Tumultuous 1960s - A Decade of Change and the Co-Inventors of an Important Idea
The Vermont Natural Resources Council was organized yesterday at Burlington. The “To run down the list of Dr. Marvin’s many Dr. James Marvin objectives of the council are: contributions to the University of Vermont, to the State, to the birth and growth of the 1. To educate the public in regard to the interrelationship of our soils, waters, plants and conservation movement here is to face a life animals, their effect on man and man’s effect on them; that was rich, almost prodigious, in its 2. To promote wise use and preservation of natural resources to the bene it of Vermont achievement. Dr. Marvin was a pioneering citizens; figure in the early days of the Vermont Natural 3. To provide a means for representing all interested individuals and organizations, and Resources Council. He was Professor Emeritus to present their representations to the public. and past Chairman of the Department of Botany at UVM. He was founder and Director Temporary of icers were elected, including: chairman, Sam Ogden; vice-chairman, of the Proctor Maple Research Farm at UVM. Belmont Pitkin; and secretary-treasurer, Perry Merrill. At a meeting later that summer, He was an authority on maple research and permanent of icers were elected and Dick Brett replaced Sam Ogden as president. plant physiology. He was a Trustee and first Director of the Vermont Chapter of The Nature The question of “how” VNRC was formed has at least one other variation. Conservancy. He was a Director of the The following is an excerpt from Perry Merrill’s 1984 Autobiography, The Making of a Conservation Society of Southern Vermont. For Forester: An Autobiographical History, page 99. six years up until his death, he was a member of the Vermont State Environmental Board.” “After some preliminary study, the Vermont Natural Resources Council was organized –Nat Frothingham on May 3, 1963 at a meeting in the Department of Forests and Parks. James Marvin acted as temporary chairman and I served as clerk. A proposed constitution and by- “Jim was pragmatic. He understood the way people thought, how far you could move laws were drawn up and adopted. At the annual meeting, a board of... directors was them in a certain direction. He was not objectionable. The result was that Jim was elected. Members included Frederick Sargent, George Davis, Belmont Pitkin, Samuel appreciated on all sides. He was a tremendous force.” Ogden, Robert Nash, Robert Proctor, Paul Heald, Marion Smith, Marion Hardy, Richard –Hub Vogelmann
_ 4 Brett, Lucy Bugbee and myself. Each of these directors was chosen to represent some organization interested in the protection and conservation of Vermont’s natural resources.”
It appears that this May 3, 1963 meeting may have been the precursor (“six- member ad hoc committee”) to the June 27th and June 28th meetings. The minutes of the 1st meeting of the Vermont Natural Resources Council on June 28th in the Home Economics Building at the University of Vermont were signed by Perry Merrill, Secretary.
The minutes re lect that temporary of icers elected were: Chairman Samuel Ogden; Vice Chairman, Belmont Pitkin; Secretary-Treasurer, Perry H. Merrill. Other directors (in addition to the of icers) elected were: Frederic O. Sargent; George Davis; Fritz Wiessner; James Marvin; Robert Fish; Robert Proctor; Paul Heald; Marion Smith; Marion Hardy; John Morphy; Richard Brett; Lucy Bugbee.
VNRC Board of Directors Meeting circa 1967.
Foreground clockwise: beginning with Bernice Burnham, unidentified man, Peg Garland, unidentified woman, unidentified man, John Stevens (under map), Dick Brett, Justin Brande, unidentified man, Perry Merrill, unidentified man, and James Marvin.
_ 5 The Tumultuous 1960s - A Decade of Change and the Co-Inventors of an Important Idea
“… business manager of the Dick Brett The following excerpt is from VNRC’s 20-year “[Dick Brett] was an old fashioned New York Public Library from history from our 1984 V.E.R: conservationist…one of the father’s of the 1947 until his retirement in conservation movement in Vermont…a 1953. He was treasurer and Don Quixote real gift to Vermont.” general manager of the The founding of VNRC predated by several years a –Bill Stetson Macmillan Company before loodtide of environmental awareness that reached World War II, during which its crest with "Earth Day" in 1970. VNRC's founders were ahead of their time, and their ideas and he served in the Army Air methods seem unorthodox to a generation of environmentalists steeped in the tradition of cost- Corps. In 1953 he moved to bene it analysis, impact assessment and mitigation. Yet because of the times – and because of who Vermont, where he set up an they were – those early members of VNRC won the support of Vermont's political leaders and were experimental woodlot – a in no small way responsible for the state's remarkable achievements in water quality protection tree farm with habitats for and land use regulation in the late 1960s and early 1970s. wild life – at Hawk’s Hill in East Barnard. He was a trustee of the Vermont Natural Resources Council, among other conservation organizations.” "It was very informal, a seat-of-the-pants kind of thing," according to the gentleman who usually –The New York Times wore the pants in those years. Dick Brett, now 81, served as the Council's chairman, newsletter editor and inancier from 1963 to 1967. “A latter-day pioneer... he was not daunted by the slow pace of growing trees from seed and sought no short cuts. The best of the environmental "We got our point of view across by inviting people to visit sites, writing newspaper articles, laws we have today are like the trees grown from the seeds that Richard getting newspapers to review our projects, and buttonholing key people to explain to them what Brett planted. Richard Brett, banker, publisher, businessman, writer, we thought – quite often in private," Brett recalls. forester, and co-founder of VNRC, died this fall at the age of 86. He leaves with us the inspiration of his dedicated advocacy for a comprehensive When the Army Corps of Engineers proposed a lood control dam which would have destroyed an approach to land use.” important wetland at Victory, VNRC sent a bus-load of environmentalists to investigate. Council –The Barre-Montpelier Times Argus members were instrumental in organizing local opposition to this and a similar project on the
_ 6 White River in Gaysville. They also worked closely with “Mrs. Bugbee helped found the Vermont Natural Lucy Bugbee state agencies to help formulate the state's position. Resources Council, the state’s leading environmental protection organization. ‘ I feel every Vermonter should An all-volunteer organization with no staff or of ice, belong to and support that group.’ The conservationist the scope of VNRC's activities was determined by the worked successfully to protect valuable rare wildflowers abilities and interests of its principal volunteers. and for changes in highway construction plans which Fortunately, those volunteers included the late Dr. threatened important wild life areas. ‘I think I was James Marvin, who founded UVM's Proctor Maple always very bashful about speaking, but somewhere or Research Laboratory, UVM Botanist Hub Vogelmann, other, after you’ve gone around with your pictures whose ield of expertise is alpine vegetation, and Lucy hundreds of times, you get used to speaking your Bugbee, whom Dick Brett mind,’ she said at the age of 96, not long before she Hub Vogelmann claims was "so well-known “It’s mostly in saving died. One of Mrs. Bugbee’s preservation victories, a that if you wrote a letter to the beauty of Vermont twelve acre bog in Northeastern Vermont, was named 'Lucy–Vermont,' she'd get it." that I care about.” in her honor. She also worked to create a sanctuary for –Lucy Bugbee more than a hundred varieties of wildflowers and ferns Another of VNRC's principal areas of concern in the at her home, where hundreds of ecologists and mid-1960s was construction of the Vermont Yankee nuclear power plant in horticulturalists have studied, including students and Vernon. News Notes, the Council's irst newsletter, reported that VNRC testi ied professors from nearby Dartmouth College.” at the early commissioning hearings as well as meetings privately with utility –from “Vermonters” of icials. “Mrs. Lucy Bugbee, a renowned naturalist who conducted nature tours, was responsible for St. George awakening my intense interest in ‘natural areas’ such as bogs, wild flowers growing in natural By the late 1960s, second-home development was proceeding at a frenzied pace – settings and stands of old growth forest.” especially in southern Vermont. Among the more spectacular development –Perry Merrill
_ 7 The Tumultuous 1960s - A Decade of Change and the Co-Inventors of an Important Idea
schemes of the late 60s and 70s were a 20,000-acre memo to VNRC members that Davis' reaction to his primary responsibility for natural resources and second-home development in the Stratton-Winhall letter had been "very favorable," and on May 14, 1969, environmental control. area, a dam on the Mad River to create a 21-acre lake Davis created the 17-member Environmental Control for a private residential development in Waits ield, a Commission and its 29-member advisory committee. Most of the commission's suggestions were translated 625-acre "Wildlife Wonderland" (complete with VNRC members were well-represented on both bodies. into proposed legislation which swept through the zebras, camels, exotic birds and a miniature railroad) Vermont General Assembly in the historic session of in Weston and Mount Holly, and a The commission, chaired by 1970. Holiday Inn in the heart of Representative Arthur Gibb, met Montpelier. regularly from May 1969, to March VNRC's transition from an all-volunteer group to an 1970. Its report to the Governor, organization with a paid professional staff, permanent In February, 1969, VNRC chairman dated January 19, 1970, of ices and considerable political clout occurred Justin Brande wrote to newly-elected recommended as a basic goal "the within a few weeks of the introduction of Act 250. Governor Deane C. Davis urging him preparation of a comprehensive land to establish an "Environmental use plan for the state of Vermont to In November, 1969, the VNRC board authorized the quality commission" to "study and be undertaken as soon as practical employment of Justin Brande as executive director for advise the government and citizens of and completed within a period of one a four-month period, stipulating that "further the state on the trends and directions year." Other recommendations employment depends upon raising suf icient funds to of our use of the environment" and to included a ban on development above carry on the program." The Council rented a two- "recommend what changes should be 2500 feet in elevation, regulation of room of ice on the second loor of 97 State Street in made to ensure reasonable prospects the sale, production and use of Montpelier and opened for business in December, for the survival of the state and its pesticides, a long list of regulatory 1969. citizens." and legislative changes concerning the state's water resources, and VNRC Chairman Peg Garland expressed the new Brande reported in a February 21 Justin Brande creation of a state agency with con idence – and responsibilities – of Vermont environmentalists in the February, 1970 News Notes:
_ 8 Campbell's audio-visual program, a slide show on natural resources and conservation combined with promotional brochures which brought in $2000 and 112 new members by April 1969.
In 1969, the National Wildlife Federation recognized the promise of the new organization by selecting it as its Vermont af iliate.
But along with rapid progress, VNRC experienced the inevitable growing pains as it became clear to the Council's founders and supporters that they did not VNRC’s First Office in 1969 always share the same vision of the structure and 97 State Street, Montpelier goals of VNRC.
"It is indeed strange for conservationists to adjust to Many of the founders saw VNRC as a kind of their new public image. After years of being Don federation of Vermont conservation organizations Quixote, we suddenly ind ourselves as St. George. The Peg Garland which would allow them to pool information and windmills are now dragons! Let us hope that with the Growing Pains resources and to speak with one voice on the assistance of an aroused public we will be able to slay important issues of the day. In this camp was Fred By 1968, VNRC's membership was at 450 and growing. our dragons!" Sargent, professor of agricultural economics at UVM, So was the Council's bank account. At the time of the who argued in an editorial in the October 13, 1966, 1968 annual meeting, VNRC had more than $4000 in Burlington Free Press that the Council's board should cash and savings. No longer a shoestring operation, include direct representation of major interest groups the Council could say "yes" to proposals like Duncan
_ 9 The Tumultuous 1960s - A Decade of Change and the Co-Inventors of an Important Idea
and organizations, and that VNRC should While some members felt the Council had strayed too systematically survey its members before speaking on far from the role of educator and information-giver, their behalf. others felt that the times demanded that VNRC become more involved in directly in luencing The Vermont Camping Association echoed Sargent's legislation and public policy, and that doing so meant sentiments in a letter dated November 26, 1966, becoming a "professional" organization with a paid complaining that VNRC was not ful illing its stated staff and permanent of ices. Daily Life in 1963 intention of providing a central clearing place of ideas Peg Garland and Jonathan Brownell spearheaded the from all member groups. World Population ...... 3.2 billion drive for a paid, professional staff, and while this represented a completely new direction for the U.S. Population ...... 189.2 million Council, Dick Brett concedes that it was necessary. Vermont Population ...... ~405,000 Average Cost of a New House ...... $12,650 "Jonathan Brownell realized that there had to be a Average Annual Family Income ...... $6,998 wider, more professional, more skillful approach than we had been using," says Brett. "Ours was strictly Gas per Gallon ...... 29¢ amateur." Average Cost of a New Car ...... $3,233 Cost of a First Class Stamp ...... 5¢ Year-end Close Dow Jones Industrial Average 762
Nancy Hutchinson and Perry Merrill check VNRC’s books
_ 10 The following persons, with the organizations they R.D. Deemer, Rutland, U.S. Forest Service; represented, were present at the June 28, 1963, John Morphy, Rochester, Vermont Nature Conservancy; organization meeting of VNRC (Samuel Ogden of Paul Heald, South Burlington, Green Mountain Landgrove served as temporary Chairman): Audubon Society; Robert Spear, Winooski, Green Mountain Audubon Belmont Pitkin, Plain ield, Goddard College; Society; Frederick O. Sargent, Shelburne, University of Vermont; Leopold A. Charette, Burlington, University of Mrs. Oliver R. Eastman, Oakledge, Burlington, Green Vermont; Mountain Audubon Society; Fritz Wiessner, Stowe, Nature Conservancy; Ruth A. Hesselgrave, Middlebury, Middlebury Garden Robert Fish, Randolph Center, Vermont Forests and Club; Farmland Foundation; Mrs. Laurence P. Howe, Burlington, Green Mountain Reinhold Thieme; Audubon Society; Montpelier, Vermont Water Mrs. K.S. Field, Vergennes, Vermont Bird Club; Resources; Mrs. Beatrice Guyett, Ferrisburg, Vermont Bird Club; Marion Hardy, Shaftsbury, Mrs. C.E. Brown, Essex Junction, Vermont Federation of Green Mountain Club; Womens’ Club (sic); James Marvin, South Mrs. Perry H. Merrill, Montpelier, Montpelier Womens’ Burlington, Vermont Nature Club; Conservancy; Mrs. Samuel Ogden, Landgrove; Perry H. Merrill, Montpelier, Marion Smith, Burlington, Vermont Botanical Club; Vermont Forests and Parks. H.W. Vogelmann, Jericho, Nature Conservancy; VNRC’s original logo
_ 11 _ 12 1963 1964 1965 1966 VT Legislature Begins VNRC’s 1st Last 3 VT Towns VNRC’s 1st VNRC’s 1st Using Population to VNRC Founded News Notes Receive Electricity Legislative Bulletin Annual Meeting Calculate Representation
Martin Luther King’s John F. Kennedy Clean Air Civil Rights Beatles First Medicare U.S. Troops Ground Broken on “I Have a Dream” speech Assassinated Act Passed Act Passed Visit to U.S. Enacted Arrive in Vietnam World Trade Center 1967 1968 1969 VT Public Television VNRC Membership Vermont Bans VNRC Hires 1st VNRC Opens Broadcasting Established Reaches 450 Billboards Executive Director Office
Partial Meltdown of Environmental Defense Fund Robert Kennedy and Martin Neil Armstrong First Cuyahoga River Coal Mine Health Detroit Breeder Reactor and Greenpeace Founded Luther King Assassinated Person on Moon Bursts Into Flames and Safety Act Passed “They’re talkin’ 500 condominiums and 2000 single houses.... City folks say they've bought here to get out of the city, they don't want it built up that way.... It'll be pretty crowded. Well, it's a money game I guess.... Folks got a big pocket full of money, but what'll that amount to? That'll go. Money doesn't amount to much.”
-Theron Boyd in “So Goes Vermont” The 1970s - AN EPIC Era
Challenges Environmental Law Service and represents citizens in the Pyramid Mall Act 250 case. Dispelling some of the confusion and ill-will about Act * Rapid Growth Continues – VNRC works for passage 250 was the goal of VNRC's irst major public of Vermont’s pioneering development control law (Act The following excerpt, slightly modi ied, is from education program. 250) and establishes EPIC program to help implement VNRC’s Spring and Summer 1984 editions of the Act 250. Vermont Environmental Report celebrating VNRC’s In November, 1970, Justin Brande resigned and the 20th anniversary, written by then editor Marion Council began the search for a new executive director. * Unchecked Development leads to Water Pollution – MacDonald: About the same time, a steering committee headed by VNRC educates legislators on need for tough water Peg Garland began aggressively pursuing public and quality law - Act 252. The EPIC Era private grants to fund the Council's activities. In the spring of 1971, VNRC received a $15,000 grant from Environmentalists had very little time to adjust to * Concern for protection of environment heightens – the New England Regional Commission to conduct a their new role before the dragons came charging over VNRC advocates passage of legislation creating Agency natural areas inventory, and in June of the same year the hill. The ink was barely dry on Act 250 when the of Environmental Conservation. it was awarded a $120,000 grant from the Ford predictable reaction set in. Foundation for "a research and communication * Farm and forest land development increases – VNRC program focused on Vermont's new environmental Signs of the mounting opposition to Vermont's laws." lays foundation for Current Use Program and creation of environmental laws materialized as early as 1971. Ottauquechee Regional Land Trust (now Vermont Land Critics blamed a 40% drop in non-residential The Environmental Planning and Information Center - Trust) and Lake Champlain Islands Trust. construction in 1971 on Vermont's environmental EPIC for short – was directed by Arthur Ristau and laws, and Frank Snyder, president of Stratton designed to stimulate public participation in * Legal and administrative assistance requested by Mountain Corporation and head of the National Ski preparation of the Land Use and Development Plan citizens and other groups - VNRC establishes Areas Association complained that Act 250 had mandated by Act 250. stopped Stratton "dead in our tracks."
_ 16 Report. Also initiated The long-awaited State Land Use Plan was introduced EPIC conducted a public opinion survey to determine during this period were into the Legislature in 1974, but the time was far from interest in and awareness of environmental laws in the "Green Papers" – 2-4 ripe. It was soundly defeated in 1974 and again in Vermont as well as countless meetings with selectmen, page reports on 1975, and in 1984, the language authorizing a state legislators and community leaders. Audio-visual environmental topics land use plan was deleted from Act 250. productions included PSAs, public television programs, which were often folded several studies and conferences and VNRC's famous into the VER. After operating without an executive director for six slide-tape show, "So Goes Vermont." months, the Council hired Seward Weber on June 14, The Ford Foundation 1971. Weber, who... served as VNRC's director for 13 grant ended in April years, has perhaps determined the course of the 1973, but EPIC kept itself Council's development more than any other individual. alive with another big grant – $132,000 from the National Science Foundation.
"The EPIC project was one of the more successful experiments in public/private cooperation," according to State Planning Director Leonard Wilson, and Peg Garland credits it with paving the way for the Arthur Ristau (2008) adoption of the Capability and Development Plan which was signed into law in December, 1972. Ristau assumed editorship of the Council's newsletter, which was renamed the Vermont Environmental Seward Weber
_ 17 The 1970s - AN EPIC Era
During the EPIC era, VNRC's activities were focused on groups in charging that the Atomic Energy Act 250 and the development of the proposed state Commission was required to both promote and Meanwhile, the Vermont Natural Resources Council land use plan, but it remained active in other areas as regulate nuclear power – an inherently inconsistent grew from a handful of concerned citizens to a well. VNRC testi ied at hearings on clean air charge for a public agency. The case was still in professional organization with a staff of ive and more legislation, pesticide regulation and designation of litigation when Congress voted to split the functions of than 1500 members. portions of the Green Mountain National Forest as AEC into the Nuclear Regulatory Commission and the wilderness areas. Energy Research and Development Administration. In September, 1972, VNRC moved from its In 1970, the Council's board of directors voted to Meanwhile back in Vermont, VNRC and CSSV headquarters at 97 intervene as a party in proceedings before the Public contested Vermont Yankee's application for a State Street to new Service Board concerning Vermont Yankee nuclear "certi icate of public good" from the Public Service of ices at 26 State power plant. VNRC chairman Peg Garland explained Board. Vermont Yankee eventually signed an Street, and in in a September, 1970, press release that "The evidence agreement stipulating that it would submit to state January, 1973, presented by the Conservation Society of Southern standards for radiation emissions even though they Arthur Williams Vermont clearly demonstrated that the level of release were 10 times stricter than federal standards. replaced Arthur of radioactive material permissible under the AEC Ristau as editor of standards is far too high," and that "the board... Governor Deane. C. Davis' retirement in 1973 marked the Vermont decided to intervene in order to emphasize the the end of an era. During his tenure as governor, the Environmental statewide impact of the issues raised in the case." Vermont Legislature passed the Land Use and report. Development Law (Act 250) and the Water Pollution The resulting lawsuit escalated into a Supreme Court Control Act, adopted and expanded subdivision In a February 1973 challenge to the constitutionality of the Atomic Energy regulations, authorized state regulation of the sale "Farewell to Deane Act. In 1972 VNRC joined the Conservation Society of and use of pesticides and created the Vermont Agency Davis" Williams Southern Vermont and several other environmental of Environmental Conservation. wrote that "The best 26 State Street (2010 Photo)
_ 18 way we can thank our former Governor for his efforts In 1972, when the Environmental Planning has equally vivid memories of those years. He had to preserve the Vermont quality of life is to make sure Information Center (EPIC) was in high gear, VNRC had given up a legal practice and sold his house in Seattle that his work is continued.” as many as 5 full-or part-time employees. A year later, to become the Council’s irst assistant director, but the it was a different world. Project EPIC came to an end subject was doom at Bradley’s irst meeting with the along with lion's share of VNRC’s operating revenues. VNRC Board of Directors in September, 1974. Deane Davis was no longer Governor, and the Northeast was bearing the brunt of the Arab Oil Crisis “The board had established a policy long before that and the nationwide economic recession. when the assets of the organization got down to $5000, there would be an automatic VNRC “celebrated” its 10th self-destruct,” says Bradley, “and the anniversary with a fundraiser in $5000 would be used to wrap up the Woodstock, and the VER reported affairs of the organization and go out that the council had relied heavily on of business. At that meeting, I think its savings in 1973 to stay in the black. we were ive weeks away from hitting the loor.” “My overriding memory is of how bad Deane Davis (with Warner Shedd, Bernice our inancial situation was. It was The meeting broke up and Bradley Burnham (seated), and Peg Garland) gruesome!” recalls former board returned to his of ice only to discover chairman David Marvin. Marvin, a letter from the Internal Revenue chairman of VNRC from 1976 to 1978, Service announcing its intention to That was VNRC's mission as it began its second decade made inancial solvency his top rescind the Council’s status as a tax- of service to the environment and the state of priority. exempt 501(c)(3) organization on the Vermont. grounds that a “substantial” part of Former VNRC attorney Darby Bradley David Marvin VNRC’s activities during 1972
_ 19 The 1970s - AN EPIC Era
consisted of “advocating the development in Vermont.” A sense that the whole scheme amounted to “a lot of enactment of legislation.” compendium of those laws assembled outsiders trying to cram something down our throats.” for the conference was A New Agenda institutionalized later as the Bradley terms the Hartland project a “major defeat” Somehow, through a combination of Environmental Law Manual, which but credits it with laying the foundation for two good inancial management and VNRC published from 1975-1981. alternative methods of open space conservation – land sheer determination, VNRC trusts and the current use tax program. weathered the storm. The struggle VNRC received a second grant from to defend VNRC’s claim to tax-exempt CLF of New England in 1975 to help In 1977, VNRC status ended in victory in June, 1975, develop an open space preservation helped launch the and a “futures committee” began program for the Town of Hartland. Ottauquechee work on a long range plan for the In response to a request for Regional Land Trust Council that would narrow the scope assistance from the board of and the Lake of its activities and make better use of its limited selectmen, Darby Bradley and VNRC chairman Champlain Islands resources. Jonathan Brownell designed four different open space Trust. Both protection programs involving various combinations organizations Efforts to obtain grants for special projects began to of tax incentives and conservation easements. But protect open lands pay off in 1974 when the Conservation Law even these modest proposals were too much for the by negotiating Foundation underwrote an environmental law voters of Hartland, who rejected them by a 2-1 margin individual conference cosponsored by VNRC and the State in May 1976. Interviews with local residents revealed agreements with Planning Of ice. Over one-quarter of all attorneys concern that their taxes would rise, that they would private landowners. lose their right to dispose of their land as they saw it, admitted to practice in Vermont attended the day- Darby Bradley long conference in Montpelier which was designed to a general suspicion of government interference, and a These were just two “acquaint attorneys with the laws affecting land of the many times VNRC has provided signi icant legal
_ 20 and administrative assistance to other environmental Cowart in 1975. groups. The arrangement was formalized in 1976 Out of the Woods Wood energy was with the establishment of the Environmental Law In the mid-1970s, energy attained equal footing with also the topic of a Service, administered by VNRC attorney Darby land use and development control as an urgent panel discussion at Bradley. environmental issue. Many New Englanders looked at the Council’s 1975 the untapped potential of Vermont’s forests as a annual meeting. VNRC also took the lead in organizing the Fair Tax partial answer to the region’s energy woes. and Equal Education Coalition, which included such In the summers of diverse groups as the Vermont Hotel-Motel The Council was well prepared for the surge of interest 1976-1978 VNRC Association, the Farm Bureau, VNRC, the Vermont in wood energy and scienti ic forest management. sponsored a series of Federation of Women’s Clubs, the Vermont Association Early board members included many individuals with forest management of Snow Travelers, the Vermont Timberland Owners’ a strong background in forestry, and VNRC became workshops around Association and the Vermont Federation of Sportmen’s the Vermont sponsor of the American Tree Farm the state in Clubs, among others. program in 1972. conjunction with the Vermont The goal of the coalition, in the words of VNRC The September, 1975, VER summarized a report by the Department of executive director Seward Weber, was “to convince the Governor’s Task Force on Wood Energy, which Forest and Parks. Legislature that a broad spectrum of Vermonters – not concluded that development of a large-scale wood The Council also collaborated on an experimental just land-owners – had a stake in maintaining open industry could provide up to 25% of Vermont’s power logging operation using whole-tree harvesting space in Vermont.” They succeeded. In 1978, the and home-heating fuel requirements. equipment in Duxbury, Vermont, in 1977-1978. coalition won legislative approval for the current use tax program, which allows farm- and forestland to be VNRC commissioned its own study of “Vermont’s On the demand side of the energy equation, VNRC taxed on the basis of productive value rather than fair Forest Resource: Current Conditions, Trends and clashed repeatedly with state and federal of icials in market value. Policy Recommendations” by summer intern Richard
_ 21 The 1970s - AN EPIC Era
the mid-1970s over highway construction and Council argued that the highway interchange was also produced a slide/tape show entitled, “Natural “improvement” projects. “environmentally destructive and unnecessary” as well Areas: Saving a Precious Resource,” and collaborated as a possible harbinger of a four-lane highway with VNRC attorney Darby Bradley on “Charitable The irst skirmish involved a proposed “East-West” between St. Johnsbury and Montpelier. Gifts of Land,” a guide to state and federal tax highway” connecting Albany, New York with the New incentives for land conservation. Hampshire coast via southern Vermont. According to In December, 1974, the U.S. Second Circuit Court of the 1972 Activity Report, “The Council ...helped the Appeals ruled against VNRC. According to the VER, New England Regional Commission conclude that the “The Court found that there was a violation of the cost of an East-West highway through northern New National Environmental Policy Act (NEPA), but England would not be justi ied” and “provided declined to halt construction since much of the leadership in...alerting the state to the economic and projects had already been completed.” environmental problems involved in this proposal.” Another of VNRC’s principal activities in the VNRC took on two highway projects in 1974. The mid-1970s was the natural areas project. This Council obtained a declaratory ruling from the program began in 1973 when the Council, with the aid Environmental Board requiring the town of Peru to of a grant from the New England Regional obtain an Act 250 permit before making major Commission, identi ied and catalogued nearly 1000 Robert Klein improvements in Forest Highway No. 3. But the ruling important natural areas. In 1975 Robert Klein joined was overturned on technical grounds by the Vermont the VNRC staff. Working with a committee of Out of the Closet Supreme Court. naturalists, Klein re ined the list of natural areas and pinpointed 64 most important sites. The project There was another major change of direction in 1976, The Council also went to court to try to enjoin continued through 1977 with an exploration of when the Federal Tax Reform Act eased restrictions on construction of the Route 2 Sleeper River interchange various methods of protecting the sites through lobbying by tax-exempt nonpro it organizations. For and its connecting spur to I-91 in St. Johnsbury. The easement, covenants, land trusts and zoning. Klein the irst time, VNRC could openly promote
_ 22 environmental legislation. It did so with considerable experience with container deposit show aptly titled, “Between a Rock vigor, hiring its irst full-time lobbyist in 1977 and legislation. and a Hard Place: Sewage Planning in joining six other environmental groups in sponsoring Vermont.” a weekly legislative alert in 1977-1978. 1977 was the irst year of the Council's Sewage Planning Project. A VNRC’s Environmental Law Service, in The collective effort paid handsome dividends. The $23,000 grant from the Vermont conjunction with the Vermont Law Vermont Legislature enacted a ban on phosphates in “208” water quality program enabled School and the Vermont Bar household detergents and a scenic roads bill in 1977, project director Michele Frome to Association, sponsored another and in 1978 it adopted the current use tax program prepare two handbooks on rural environmental law conference in and established a register of natural areas to be sewage treatment in Vermont – a 1978. The conference became an maintained by the Agency of catalog of sewage annual event for many years. Environmental Conservation. treatment alternatives and a community Other educational activities in 1979-1980 included VNRC’s educational activities also planning guide. publications on wetlands, the relationship between blossomed in 1977. VER editor Nat local property taxation and land-use decision, and the Frothingham inaugurated a biweekly The project continued in 1979-1980 deer herd. newspaper column entitled “This Side under the direction of Mary Hooper. of the Mountain.” With assistance Hooper secured more than $50,000 in The late 70s were busy and productive years for the from the National Wildlife grants for an educational program Council, but with increased activity came added Federation, VNRC produced and designed to help municipal of icials administrative and inancial obligations. distributed 25,000 copies of “Bottles analyze and solve rural sewage and Cans: The Story of the Vermont treatment problems. She also “By 1979, we were so overburdened with other things Deposit Law” to counter widespread produced several publications, a to do that membership had slipped to less than 1000,” misinformation about Vermont’s series of workshops and a slide/tape reported executive director Seward Weber. In 1979, Nat Frothingham
_ 23 The 1970s - AN EPIC Era
the Council hired for lobbying. The two shared this activity into the Central Vermont early 1980s. Community College Another major breakthrough occurred in 1978, when administrator and a $250,000 gift to the Council became the basis of a dairy farmer Don permanent endowment fund. The endowment Hooper as provided a measure of continuity and stability as well assistant director. as some relief from the constant pressure of Hooper’s mission economic brinksmanship. was to boost the Council's membership and improve its information and communications programs. By Don Hooper 1981, membership had tripled, and it remained stable at around 3000 members during the 1980s.
Hooper’s assistance with the day to day operations of the Council freed Weber to devote more time to legislative lobbying and other issue-related work. In time, Hooper himself showed considerable aptitude
_ 24 VNRC Is NWF “Affiliate of the Year” 1970 1971 Slideshow Seward Weber 1972 1973 Deane 1974 Act VNRC Signs VT Yankee’s “So Goes Hired as VNRC VNRC Offices Davis Joins VT Land Gains Tax 250 Agreement to Follow VT Vermont” Executive Moved to 26 VT Passes VNRC Passed to Discourage New VNRC Enacted Safety Standards Produced Director State St. Bottle Bill Board Speculation Logo First Earth Day Texas Instruments Atari Introduces Richard Nixon Resigns Releases First Pocket Pong Calculator VNRC Helps Found Ottauquechee Regional Land Trust & Lake Champlain Islands Trust 1975 1976 1977 1978 1979 First VT Environmental VT’s First Two Wilderness VT Law Passed to Pyramid VNRC Moves to the Law Manual Published Areas Designated: Bristol Protect Scenic Mall Current Use Old Depot at 7 Main By VNRC Cliffs and Lye Brook Roads Proposed Law Passed Street
Microsoft Founded Federal Tax Reform First Mass Market Small Pox Three Mile Eradicated Island Nuclear Vietnam War Ends Act Allows Groups Personal Computers Like VNRC to Lobby Launched Plant Accident “What’s happening [at Killington] is a scale of development Vermont has never had to contend with before.”
-Don Hooper The 1980s - The Laws that Roared
Challenges * VNRC feels growth mall at the junction of Routes 2 and 2A, about six pressures as well - VNRC miles east of Burlington. * Proposed policies coming out of Washington could inds a home of its own on harm Vermont’s environment – VNRC leads in 9 Bailey Avenue, As Nat Frothingham wrote in the July, 1977 VER, “Act protecting Green Mountain National Forest and other Montpelier and opens 250 has been tested before, but never quite in this way, natural resource areas. Southern Vermont of ice in with an application of this size and complexity.” Manchester. * Growth threatens farms, forestland, lakes and Concerned that the economic and environmental streams – VNRC works for passage of unprecedented The following excerpt, impacts on surrounding communities would not number of environmental laws and helps to slightly modi ied, is from receive adequate consideration, VNRC iled for party implement them as detailed in “The Laws That VNRC’s Summer 1984 status. The request was denied, but VNRC’s Roared.” edition of the Vermont Environmental Law Service represented a coalition of Environmental Report citizens’ groups opposed to the mall. * Ski area growth - conversion of ski areas to four- celebrating VNRC’s 20th season, destination resorts and second home anniversary, written by Marion MacDonald In October, 1978, the District Environmental development – VNRC participates in growing then editor Marion MacDonald: Commission rejected Pyramid’s bid for an Act 250 number of Act 250 cases protecting bear habitat permit, but litigation would continue for four more such as Parker’s Gore and high elevation streams. years before the developer inally withdrew its The Issues of the Eighties application. Vermont courts eventually upheld the * Growing concern over high elevation forests – A corn ield in Williston was the scene of the major district commission’s decision, but the case severely VNRC begins to educate public about acid rain and environmental confrontation of the mid-1970s. In taxed the inancial and personnel resources of state climate change. 1977, the Pyramid Companies of Dewitt, New York, and local government. requested an Act 250 permit for an 82-store shopping
_ 28 VNRC participated in a similar legal battle in Berlin, activists of the 70s gave way to environmental lawyers Farmland conservation has also taken on a new Vermont, beginning in 1979. Two shopping malls and lobbyists.” importance in the 1980s. Sustained economic were proposed for central Vermont, either one of recession and the energy crisis have made it clear that which would contain more retail space than the By the early 1980s, for instance, it was obvious that conservation of productive farmland is essential not shopping districts of nearby Barre or Montpelier. But the so-called “alternative” energies came with their only for aesthetic and scenic values but for the New the Berlin case never acquired the momentum of the own set of environmental impacts. The consequences England region’s economic survival. Williston controversy. of a boom in hydroelectric power development was the theme of a December, 1980, conference sponsored by Farmland protection was the principal motive for “I don’t think people felt in their guts that the Berlin VNRC and the Vermont Public Service Board. VNRC’s involvement in a legal challenge to completion Mall was going to hurt the way the Pyramid Mall Environmentalists have also become more cautious of I-93 east of St. Johnsbury. When the Vermont would have hurt,” was Darby Bradley’s assessment. about development of Vermont’s wood energy Agency of Transportation announced plans in the fall After four years of litigation, Developers Diversi ied of resources. As Vice-chairman of the Forest Resource of 1980 to complete the 11-mile super-highway to the Cleveland, Ohio won state approval for a 280,000- Advisory Council, VNRC attorney Darby Bradley New Hampshire border, VNRC joined two Vermont square-foot mall in Berlin. helped draft a proposed state forest resource plan farm organizations and several local farmers in a emphasizing management of Vermont's forests for lawsuit to enjoin construction, arguing that the new The two mall lawsuits were typical of the issues that wildlife and recreation as well as sustained yield of highway was unnecessary and that the Agency failed would absorb the Council’s attention in the 1980s. Not high-quality timber. Bradley also testi ied on behalf of to adequately consider the effects of bisecting three only would the Council face larger and more powerful VNRC at technical hearings on the Burlington Electric substantial dairy farms. But construction proceeded opponents such as the Pyramid Corporation, but the Department’s proposed 50-megawatt wood- ired while the case was in court and was nearly inished in issues themselves would become increasingly complex. power plant and helped persuade the Public Service June 1981, when the Second Circuit Court of Appeals Board to establish strict controls over wood chip denied VNRC’s motion. “The ield of operations shifted from the streets to the harvesting operations and to retain continuing board rooms, committee rooms and legislative cloak jurisdiction over the plant. In the 1970s, Vermont made great strides in cleaning rooms,” says VNRC’s Don Hooper, “and the citizen up its lakes and streams. Similar protection for
_ 29 The 1980s - The Laws that Roared
ground water is one of the With far less grant money and fewer large major issues of the 1980s. Much of VNRC’s legislative activities have been contributors, nonpro it organizations like VNRC The Vermont Agency off devoted to holding on to the gains of the late 60s and needed to capture – and keep – many more members Environmental early 70s rather than advocating new programs. On and small contributors. Conservation completed a the plus side were bills requiring legislative review state ground water and Act 250 approval for uranium mining in Vermont VNRC succeeded at this as well as any organization, protection strategy for in 1980 and authorizing the Secretary of the Agency of more than doubling its membership between 1980 Vermont in 1983, and in Environmental Conservation to compile a list of and 1983. But the price was a larger percentage of 1981 VNRC published a threatened and endangered species in 1982. And in staff time and resources devoted to membership series of articles and a 16- the spring of 1984, after four years of hard lobbying, development and fundraising at the expense of page handbook entitled, the Council achieved its goal of eliminating the so- legislative lobbying, educational activities and other “What’s Going on Down called “10-acre loophole” which exempted large-lot program work. There? – Vermont’s Ground Water” under a grant developments from Act 250 review. from the Environmental Protection Agency. But the Meanwhile, there were issue of subsurface waste disposal and ground water Environmental organizations in the 1980s were faced indications that a strong contamination did not attract widespread public both with heavier workloads and reduced means. VNRC was more important attention until the state discovered chemical Federal grants through EPA, the New England than ever before. contamination in three domestic wells in Regional Commission, the National Demonstration Williamstown in 1983. Water Project and other federally-funded programs Instead of a single large all but disappeared, greatly increasing competition for opponent such as Pyramid VNRC remains very active in lobbying at both the state private foundation money. At the same time, tax cuts Mall, VNRC was contending and federal level, but the Legislature has been less for upper-income taxpayers removed an important with the statewide trend receptive to environmental initiatives in the years incentive for charitable giving. toward conversion of since the Reagan Administration came to power. Vermont ski areas to four-
_ 30 season “destination resorts.” In the ski towns of Stowe, “We are constantly making decisions about the quality personnel and budget reductions. Nowhere is this Warren, Fayston, Waits ield, Sherburne and Mendon, of Vermont in quantitative terms because that’s what more apparent than at the U.S. Environmental second-home development was proceeding at a pace Act 250 calls for,” said Beattie. “At some point, we will Protection Agency” unequalled since pre-Act 250 days. A steady stream of have to come out and say what our vision of Vermont permit applications tested the limits of Vermont’s is and argue for it for its own sake.” Earlier in 1981 VNRC’s Board had: “… approved a water quality regulations and demonstrated the resolution calling upon President Reagan to futility of case-by-case review under Act 250. Washington Woes discharge Secretary of the Interior James Watt and The early to mid 1980s saw an increased interest by replace him with a Secretary…who by professional “What we’re seeing is the breakdown of regulations VNRC in environmental policy changes coming from training, experience and philosophy is quali ied to that were designed for simpler times,” said VNRC chair Washington. During the 1960s and 1970s, VNRC was manage the nation’s heritage and natural resources.” Mollie Beattie of Grafton. “We have to adjust to a more oriented to Vermont issues. However, as it whole new scale of development, and to learn to became clear to the VNRC Board and staff that there balance regional impacts with the religion of local were signi icant threats to Vermont’s environment control.” from the policies and actions coming out of the new Reagan White House, more time and energy were What else was on VNRC’s agenda as it began its third devoted to making Vermont’s voice heard on the decade? Beattie hoped the Council would take the national scene. lead in articulating and promoting a positive vision of what Vermont should be economically, In the January/February 1982 VER, Seward Weber environmentally, and socially. This vision served as a wrote: “Frontal assaults on the Clean Air Act and yardstick for public policy and agency decision- other important environmental laws may be stymied making as well as guiding VNRC’s own activities. in Congress, so the Reagan Administration is stepping up its attack on other fronts: destroying resource conservation programs through Carl Reidel faults Interior Secretary James Watt’s policies at the “Watt Go Ohm’ Dinner in Castleton (1982)
_ 31 The 1980s - The Laws that Roared
event in Vermont political dinners.” The stage was set for an alternative to the Candy Page of the Burlington Free Press captured the appearance of Secretary Watt in Vermont. The April lavor: “…an enthusiastic protest against the policies Protecting Forests 17, 1982 gathering, billed as the “Watt Luck Supper”, of the Reagan administration…..Although the Keeping watch over national forest lands in Vermont sponsored by VNRC, The Lake Champlain Committee, message was serious, the mood through most of the during the Watt era: “…the Board said there should National Wildlife Federation, Vermont Sierra Club, Saturday evening was light-hearted as Watt was be no wind generation or other energy development and Vermont Audubon Council drew a larger crowd made the butt of humorous songs and puns on his on Green Mountain National Forest (GMNF) lands and more press coverage than Watt himself. name. The gathering looked like a cross between a until a revision of the overall Forest Plan has been family reunion and a pep rally as elderly women in completed.” Kent Shaw of Middlebury’s The Valley Voice wrote on neatly tailored suits and long-haired mothers with April 20: “Castleton State College was the host small babies joined to sing ‘This Also in 1982, VNRC, Vermont Saturday night for some 600 Vermonters who came Land Is Your Land,’ a kind of Wilderness Association, Vermont from hometowns as distant as Brattleboro and St. anthem of the environmental Group of the Sierra Club, Johnsbury for dinner, and for an evening of song, movement.” Vermont Audubon Council, story and speech intended to register stinging Wilderness Society and disapproval of the policies and presence in the state Tom Slayton’s piece in the Times- Conservation Law Foundation of U. S. Interior Secretary James Watt. ” Argus/Rutland Sunday Herald, appealed the U.S. Forest Service covering the Republican party decision that permits leasing the “Watt Go Ohm” won the prize for the name by which fundraiser at Killington where majority of the GMNF for the event would be remembered: the prize - a Watt spoke, noted: “The Watt petroleum exploration. Butterball turkey, won by Dartmouth Professor dinner itself was so sparsely Walter Stockmeyer. Master of Ceremonies Dick attended, party of icials barred In 1983, VNRC supported Hathaway added: “I want you to know there’s no reporters from entering the designation of an additional symbolism in this.” banquet hall, an unprecedented 65,000 acres of wilderness in the
_ 32 Green Mountain National Forest. Commenting in the address this issue and Congress must come to grips current use program. VNRC Board member Jim January/February 1984 VER: “Board member with it during the current debate.” Wilkinson was Chairman and legislative William Uptegrove, an active member of the Vermont spokesperson for the Current Use Tax Coalition. As Wilderness Association, commended the Council for But VNRC and friends also found time to celebrate “…champion and chief defender of the current use the work it has done in the last year or so to promote with the Vermont Heritage Festival at Bent Hill program…he’s probably contributed more to the Vermont wilderness bill. He said that every time Settlement in Waits ield, held in successive Augusts common sense land management than just about he heard of a meeting or decision that promoted the from 1981-1983, each year gaining in attendance anybody I know, “ said VNRC operations director Don cause of wilderness or brought the opposing factions and donations. As reported in the September/ Hooper in the January/February 1984 VER. together, it was clear that VNRC had played a major October 1981 VER: “The August 29th VNRC role.” fundraiser was organized by Carolynne and Gregory In the irst half of the decade the staff duo of Seward Schipa of Weather Hill Restoration with the aid of a Weber and Darby Bradley, who had worked together During this period, VNRC devoted a good deal of time generous donation from Vermont Castings. Over 600 from the early 70s and had seen VNRC through some to educating Vermonters about the impacts of acid people turned out for the event. The main event was of its roughest periods, moved on to other pursuits: rain on Vermont’s high elevation forests and lakes. an auction conducted by Dick Hathaway.” Darby leaving in 1982 to work for the Ottauquechee Anne Winchester‘s January/February 1980 VER Regional Land Trust (soon to become the Vermont cover story reported on the early results of Hub Big Issues – Big Changes Land Trust) and Seward in 1984 to become Vogelmann’s UVM research team which found: “… 1) VNRC tackled many problems as the 80s progressed. Executive Director of the Mohonk Preserve, a 6,000 acidity of rainfall ranged from pH 3- 4; 2) increase in The November/December 1982 VER article acre natural area along the Shawangunk Ridge in heavy metals in soils on Camel’s Hump; 3) red spruce “Vermont’s Toughest Environmental Issue” bestowed New Paltz, New York. have declined by 50 % since 1965.” Writing in the that title on: “…health of our farms – over acid rain , May/June 1981 VER cover story, Jeanne Keller said: energy, forest management.” At the fall 1984 VNRC 20th Anniversary Celebration “Acid rain is another problem of great importance to at Vermont Technical College, VNRC Chairperson Vermont. It affects our soils, water, buildings and One of the principal tools at Vermont’s disposal for Mollie Beattie praised Seward for “directing VNRC’s aquatic life. The Clean air Act does not adequately protecting farms and forests was, and still is, the growth from seedling to full lower,” and presented a
_ 33 The 1980s - The Laws that Roared
hoe and a spade to the man Deane Davis gave a memorable speech, highlighted including the hiring of Eric “whose green thumb has by his counseling attendees: “Teach the people irst, Palola, as Acting kept a whole state verdant.” and the legislature will follow.” Operations Director, and then Associate Director, The event also featured Dick McCormack premiered “One With the Land,” a and Susan Clark, replacing Dick Hathaway as emcee, song he composed in honor of VNRC’s 20th Kathleen Bond as Editor. In talks by Lt. Governor Peter anniversary. addition, Chair Mollie Smith and Carl Reidel, Beattie stepped down upon attendance by Don Hooper also left VNRC in 1984, to run for the her appointment by gubernatorial candidate legislature, after serving as VNRC’s Assistant Governor Kunin to the post Susan Clark Madeleine Kunin, Senator Director, Operations Director and Acting Director, of Commissioner of Forest, Art Gibb, and other during Seward’s Richard Parks and Recreation. Carl Reidel followed Mollie as Mollie Beattie legislators and hopeful Mellon Fellowship at Yale. Chair. candidates, and Don went on to win a seat introductions of former VNRC directors and chairs, in the Vermont House and VNRC Finds a Home charter members and life members: Perry Merrill, in 1992 was elected Monty Fischer took the reins in October 1985 and Dick Brett, Justin Brande, Kit Foster, Hugo Meyer, Vermont Secretary of State. helped the Council ind a permanent of ice Bernice Burnham, Dave Marvin, Bill Eddy, Sylvia headquarters with the purchase of the home on 9 Ferry, Jonathan Brownell, David Firestone, Patsy Lou Borie followed Seward Bailey Avenue in 1986. Re lecting on the move in Highberg, Jim Wilkinson, John Holden, Deane Davis, Weber as Executive 2008 Monty had this to say: “It was a very successful and Paul Heald. Director from fall 1984 to move for the organization to really get out from fall 1985. Lou led VNRC under the monthly rent check and put the same during this period of amount of money into the purchase of a building, and signi icant staff changes, giving us a whole other identity. We got a computer Lou Borie
_ 34 system - a wired... Apple that has yielded such incredible system, a Mac system, dividends for the state over the Monty also spoke of growing VNRC in another which was actually – back last twenty years.” direction: “The other thing we did which I was quite then it was pretty proud to be part of was that we merged with the primitive – I don’t know It was during this period that Conservation Society of Southern Vermont. Our where those monitors are, VNRC partnered with the feeling was if you want to do anything, go south and but they’re probably in a Conservation Law Foundation, work with the part of the state that was having a lot museum at this point.” and their irst attorney in of development pressure and all that; there were a Vermont, Lew Milford, took up lot of supporters of VNRC down there, and the Monty led VNRC for just residence at VNRC of ices. organization could serve the population better down under three years, but this Monty said: “You there than it had in the past. So we was a heady time for the could just see the worked with them, and that allowed us environmental movement VNRC’s Present Home in 1985 stakes were being to open an of ice in Manchester.” in Vermont. He reminisced: 9 Bailey Avenue, Montpelier raised in Vermont, “And with the leadership in not that they hadn’t Monty moved on from VNRC in the fall of state government, and the legislature, and the been high, but we had Act 250 back in 1988 to become Legislative Director for executive of ice, and the VNRC had a terri ic board of the 70s, and the land use plan, but we newly-elected U.S. Representative Peter directors and some great staff, and really feeling its could feel the change coming that we Smith. oats if you will – hiring people like Eric Palola and couldn’t always do business with a look others who were doing legislative work - we were in the eye and a handshake across the The Laws That Roared able to get between 25 and 40 pieces of legislation table – you know – stakeholder stuff. VNRC began to step up its work in the over that three year period – major pieces of Occasionally, you had to bring the stick statehouse during the mid 1980s. As legislation, the one most prominent of many was the out. So that was the role CLF was reported in the November/December Housing and Conservation effort, the partnership brought here to do.” 1983 VER: “At its fall meeting, the Board Monty Fischer
_ _ 35 30 The 1980s - The Laws that Roared
of Directors of the VNRC voted to raise $10,000 for operational in 1985 with the hiring of Peter Lavigne allocations and citizen involvement will all be an endowment to support an annual environmental as the irst “Red” Arnold Intern. – (Winter/Spring 85 needed to make sure that Vermont’s environmental internship. This special addition to VNRC’s existing VER) laws aren’t only roaring, but have a real bite.” endowment would honor the late Maurice “Red” Arnold, by creating a living memorial to a dedicated Writing in the Fall 1989 VER Eric Palola noted: To be sure, implementation of these and other laws conservationist and conscientious legislator, who “Between 1985 and 1988 water protection was a would set VNRC’s agenda into the 1990s and beyond. served for many years on VNRC’s Board of Directors. focal point of lobbying for VNRC. During these years, VNRC would devote considerable staff time and The internship would be for a college or graduate lawmakers passed critical bills addressing resources to implementing the new laws including: student who would assist the Council’s lobbying groundwater, underground storage tanks, wetlands, Act 200, the state’s growth management law; Act 78, activities.” rivers protection, reclassi ication and more.” the solid waste law; bottle bill expansion; the Vermont Housing and Conservation Trust Fund; the “During the 1984 legislative session VNRC was the The Special Fold-Out section called “The Laws That Outstanding Resource Water (ORW) designation only state environmental Roared” in the Spring 1989 edition of the VER process; river and stream and groundwater group with a full-time captured the sweep of the changes: “The mid-1980s reclassi ications; Act 250 participation and presence in the were unprecedented in Vermont legislative history enforcement; indirect discharges into high-elevation legislature.” Coordinated for their successes in environmental protection. waterways; septage and sludge disposal; and tax law by Don Hooper and Growth management and planning, solid and to clamp down on corporate land speculators. Margy Erdman with hazardous waste management, water quality interns Sally Sweitzer and protection in areas including rivers, wetlands, Moving Mountains Eric Palola. “ (Spring groundwater and more, were all targets of key Ski area growth would continue to be a high priority 1984 VER) legislation.” for VNRC throughout the 1980s and 1990s. Most of the major ski areas were in a period of rapid The “Red” Arnold “But the job doesn’t stop when the bills are passed. expansion that included new lifts and trails and Internship became fully In fact, it’s only begun. Rules, enforcement, budget extensive development of destination resorts and Eric Palola
_ 36 second homes. VNRC was part of a coalition of ten Brook from Class B to Class A, the irst such happening in Sherburne is a scale of development Vermont conservation groups calling for a regional designation in Vermont. Vermont has never had to contend with before,” growth management plan to deal with the according to VNRC Operations Director Don Hooper cumulative impacts of destination resorts. In 1986 and 1987 VNRC also participated with NWF in summer 1984. in the landmark Act 250 case of Southview, a VNRC also worked closely with several local partners residential development proposed on the Stratton- From 1985 to 1988 VNRC, the Connecticut River on a variety of fronts aimed at managing growth and Jamaica town line. The State Environmental Board Watershed Council, and the Natural Resources minimizing the environmental impact particularly to ruled in favor of protecting deer habitat and turned Defense Council battled in Act 250 and federal court upland streams and wildlife habitat in these ski area down the proposal. to protect the Ottauquechee River and to prevent communities. Killington Ltd. and Sunrise Corp. from using land- Perhaps because of the massive of size of its spray irrigation for sewage disposal without a In 1982, VNRC teamed up with “RIPPLE”(Regional development proposals, no ski area garnered as federal discharge permit. A 1988 court settlement Impact Pure Water Protective League) to challenge much attention from VNRC as Killington. “What’s resulted in compliance with the law. development proposals by the Mount Mans ield Corporation and Trapp Family Lodge that would The reclassi ication of the Ottauquechee from B to C impact brooks and streams in Stowe with sewage was also a major issue, as the Town of Sherburne disposal from the various condominium and other sought to downgrade the river for direct discharge of commercial projects. treated sewage from new development. Working with the six other members of the Ottauquechee Responding to development of Stratton’s Master Plan Coalition, VNRC was able to reverse the Water the Stratton Area Citizen’s Committee, with Resources Board’s reclassi ication in Superior Court. assistance from VNRC, was able to convince the However, the Supreme Court upheld the WRB’s Water Resources Board in 1989 to reclassify Kidder decision. Rob Woolmington, the Bennington attorney who represented environmentalists in the case, said
Construction at Killington Ski Area
_ 37 The 1980s - The Laws that Roared
that the Supreme Court’s decision shows: “…the as a proponent of no further growth in Vermont, Parker’s Gore. In 1986, court will defer heavily to the indings of an despite our long history of support for diversi ied, the Killington ski area administrative board, whether or not the indings sustainable economic growth.”) applied for an Act 250 offer an environmentally strong result.” permit to construct a Killington also caught the attention of snowmaking pond in Development pressures at Killington the national media over its plans to use Mendon in a remote and other ski areas were so intense treated sewage for snowmaking. TIME area known as during the mid-1980s that VNRC Magazine’s October 21, 1985 story, Parker’s Gore East. As devoted back-to-back editions of the “Vermont: Impure as the Driven Snow”, the Act 250 hearings VER to the issue: Summer 1984 – noted: “The proposal has set off a battle progressed, it became “Coming Soon…to a Ski Area Near You!” between environmentalists and resort apparent that Parker’s and Fall 1984 -“New Fountains in our owners. One bumper sticker reads, Gore was home to black bears, which had left Mountains.” Both editions covered the ‘KILLINGTON: WHERE THE AFFLUENT signi icant beech stands with the tell-tale scarring growing use of land-spray application of MEET THE EFFLUENT’.” The article that indicated the area was a critical food source for treated sewage ef luent, including for went on to say: “Killington has iled a them. Over the next several years, VNRC and Friend’s snowmaking on ski trails. The Fall libel suit against the Barre-Montpelier of Parker’s Gore and the Shrewsbury Land Trust, edition also included a letter from Times Argus newspaper for publishing a both led by Nancy Bell, fought for protection of Preston Leete Smith, President and CEO cartoon showing two skiers riding a ski Parker’s Gore and the bears. Their struggle was of the Sherburne Corporation critical of lift carrying toilet plungers instead of ski rewarded in 1990 with the Environmental Board’s VNRC’s coverage of Killington condominium poles. The caption: “Uh oh, looks like the denial of permits to develop in Parker’s Gore. Friends development, (“When will the misinformation, snowmaking machines are clogged again.” of Parker’s Gore, VNRC and other parties negotiated character assassinations and half-truths end?”) and a into the 1990s over a potential merger of Killington response letter from VNRC Chair Mollie Beattie, (“In One of the longest and most contentious battles of and Pico ski areas that would have included this controversy VNRC, too, has been often slandered the 1980s, carrying over into the 1990s, was over protection of Parker’s Gore in the deal. Killington and
_ 38 Pico eventually merged after Les Otten’s American was directing the Growth Areas Speaking in Manchester at the Skiing Company bought Killington in 1996. But, it Research Project (GARP) at Vermont December 1985, 8th Annual was not until 1997 that the Friend’s of Parker’s Gore, Law School’s Environmental Law Center. Environmental Law Conference Killington and the state of Vermont came together on GARP studied the rate and patterns of sponsored by VNRC and Vermont Law an agreement that included a swap of state-owned growth in Vermont and offered School, Ian McHarg and David Brower land in the Killington Basin, in which the ski area recommendations for better managing challenged participants to use the tools could grow, in exchange for thousands of acres in the rapid growth that was occurring. we have to better plan for growth. Parker’s Gore that would remain permanently protected. In the Summer 1985 VER Cowart wrote: At the January 1986, 4th Annual “The population increase between 1960 Environmental Breakfast sponsored by Another victory for the bears was cheered by VNRC and 1980 was greater than that for any VNRC and other environmental groups, in 1991, after three years of work by the Southern similar period since the state’s initial Governor Madeleine Kunin, noting that Vermont of ice in the 180-unit Tamarack resort (aka agricultural settlement between 1790 cooperation was at the root of Salmon Hole) project in Stratton and Jamaica. The and 1830. Vermont’s population grew by 14% in the environmental successes the previous year, District 2 Environmental Commission denied an Act 1960s, and another 15% in the 1970s. Current addressed growth management, deemed to be 250 permit for the development noting its: “location estimates project a population increase of another among the top three state environmental issues: the in remote lands, in the middle of a bear travel 20% to 28% by the year 2001.” Cowart also others were water resource protection and solid corridor and spring feeding area present identi ied a major issue: “Cumulative impact waste disposal. insurmountable obstacles.” problems can be explained by the simple phrase, ‘things add up’. Development effects that are Feature VER articles in 1986 such as “Parcellizing Growing Pains II acceptable in small doses become unmanageable or Vermont” reported on a new VNRC study showing For the latter part of the 1980s a major focus for undesirable when many small doses add up to large that corporate land speculators were purchasing, VNRC was on the state’s growth and development. In impacts.” subdividing, and re-selling Vermont property quickly 1985 VNRC worked closely with Richard Cowart who and quietly with no environmental review.
_ 39 The 1980s - The Laws that Roared
active in the eleven hearings held around the state together with their A related article by the Daniels brothers, Robert and that drew thousands of Vermonters. As Monty counterparts in the Senate, Thomas, natives of Burlington and both university Fischer noted in the winter of 1987 as the hearings used the Commission’s professors specializing in taxation and planning concluded: “VNRC has been working for many years report as a template for respectively, showed how land speculators were able toward stronger growth management and planning most of what became Act to avoid a big tax bite in Vermont. legislation. We look forward to hearing the 200, passed in the spring of Governor’s Commission’s recommendations, and are 1988. The question of whether or optimistic that the not the Chittenden County Commission will help speed VNRC continued to play a Circumferential Highway that process along.” role in the implementation (“The Circ”) was needed was of Act 200 through the focus of another 1986 VER The Commission’s report publication of a newspaper story. released in January 1988 format “Vermont Growth recommended addressing Management News” in 1988 In 1987 Madeleine Kunin growth through policy changes and 1989. VNRC also created appointed a 12-member in planning, agriculture, the an Environmental Action Governor’s Commission on property tax and Center, headed by Peg Elmer, Vermont’s Future (also known strengthening the housing and who had formerly worked as a as the Costle Commission after conservation trust fund. staff assistant to ANR its Chair Douglas Costle, Dean Secretary Jonathan Lash and of the Vermont Law School), to study Vermonters’ Governor Kunin’s “State of the State” address was had helped staff the Costle attitudes on growth and development and to suggest devoted entirely to the issue of growth management Commission. One of the main guidelines and mechanisms for facing Vermont’s and planning. The House responded with a special focuses of the Action Center development future. VNRC staff and board were very Committee on Growth and Vermont’s Future, and was to provide citizens with
_ 40 the tools to participate in the Act 200 planning Jim Shallow joined the staff in 1989 to work in the 16 Conservation Celebration , VNRC Chair Patsy process and to assist the many local Citizens for Environmental Action Center. Highberg recalled her long-time friendship with Responsible Growth groups that were working on Brett: “Dick Brett lived the principles that he development issues in their communities. As the 1980s wound down, VNRC was engaged in advocated for the protection of natural resources.” several high pro ile issues, including several malls: The Champlain Pipeline was making headlines Pyramid Mall and Maple Tree Place – Part II; and during this period, and VNRC testi ied in 1989 before Hartland Crossing. VNRC, the Appalachian Trail the PSB and FERC that “…the pipeline should not be Conference and others TC protested the U.S. Park permitted unless the need for new gas supplies is service giving Killington an easement for ski lifts/ proved both for Vermont and New England…” trails to criss-cross the Appalachian Trail.
The late 1980s saw more signi icant The southern Vermont of ice was staff changes at VNRC. In addition to tackling the 435-unit Salmon Hole resort Monty Fischer’s leaving and the proposal in Stratton and Jamaica; establishment of the Southern Vermont spearheading the state’s irst ORW Vermont Conservation Celebration of ice in 1988, staffed by Associate designation for the Battenkill; tracking Director Seth Bongartz and Marcy Mahr, the proposed Rutland Mall; and Ned Farquhar joined VNRC’s staff as litigating the Lake Bomoseen Earlier in the day the Vermont Conservation Associate Director in summer 1988. Ned drawdown. Celebration, organized as a grand inale for VNRC’s took over for Eric Palola, who left VNRC 25th Anniversary, with the assistance of Dan Lindner to attend graduate school. Board VNRC lost one of its biggest supporters, of “Banjo Dan and the Mid-nite Plowboys” fame, member, Dick Mixer, illed in as Acting with the death of founder Dick Brett in welcomed over 2,000 people to the statehouse lawn Dick Mixer Executive Director after Monty left. Tom fall 1989. At the annual meeting held in for over 40 workshops, booths and exhibits Miner became Executive Director in summer 1989. the House Chambers at the close of the September sponsored by the event’s 80 co-sponsoring
_ 41 The 1980s - The Laws that Roared
organizations, entertainment for all ages and a keynote address by Governor Kunin.
In the inal Vermont Environmental Report of the 1980s meteorologist (and former VNRC Board member) Mark Breen set the stage for what would become a major focus for VNRC in the decades to come: “Billowing larger and larger on our horizon are the effects of humans’ continuing destruction of the environment. The “greenhouse effect’, warming the earth through excess carbon dioxide and other heat-trapping gases, could result in more desert, less arable land, and less water. It is dramatically evident that pollution, deforestation, ozone depletion, and possible climate change bespeak human failure to meet our stewardship obligation.”
Tim Newcomb’s cartoon, “Vermont in 2028: State Highlights After 40 Years of The Greenhouse Effect,” also appeared in this fall 1989 edition, putting an exclamation point on the 1980s and the work that lay ahead for VNRC.
_ 42 1980 1981 1982 1983 1984 Law Regulating Lowell passes ordinance Endangered Species Williamstown dry-cleeaner Uranium Mining in banning landfill for asbestos Protection Law shut down for polluting nearby Vermont Wilderness Vermont Passed waste Passed in Vermont school sites with carcinogens Act Passed Superfund Established AIDS Identified First National President Reagan’s EPA Union Carbide Gas to Fund Toxic Waste Snowboard Race Stops Most Ozone- Leak in Bhopal, India Dump Cleanups Held in Woodstock Depletion Research Kills Thousands 1985 1986 1987 1988 1989 150+ Vermont Towns Pass Vermont Housing Vermont 2500 People Attend Vermont Resolutions Urging Federal VNRC Buys Building at 9 and Conservation Act 200 Environmental Conservation Celebration Action on Acid Rain Bailey Avenue Trust Fund Created Passed Directory Published on Statehouse Lawn
Ozone Hole Space Shuttle U.S. Signs Montreal Protocol First Mac Berlin Wall World Wide Web Discovered Over Challenger Explodes Phasing Out Ozone- Computer Comes Down Revolutionaizes Antarctica Depleting Chemicals Internet “We question whether the scale and it of these massive proposals are appropriate for the Green Mountains.”
-Elizabeth Courtney
“Act 200 and Act 250 had some rough going but were preserved in the end.” VNRC's Steve Holmes (left) surveys the -Steve Holmes Clyde River dam shortly after the irst blast in 1996, the irst time in the nation's history a dam was removed for environmental reasons. The 1990s – It’s the Economy…and the Environment
Challenges decision makers and helps with passage of key anti-Montpelier vote, others were anti-regulation, legislation protecting forest lands. and many were simply responding to * Economic and political conditions in Vermont cause misinformation.” backlash against environmental laws – VNRC leads Act 200 Backlash effort to protect Act 200, Act 250, and other laws. By 1990 there had been pressure building from a VNRC at that time was helping spearhead “an effort property rights group for repeal of Act 200, the to clear up misconceptions about the law,” wrote VER * Ski area expansion continues – VNRC intervenes in growth management law passed in 1988. The editor Susan Clark. “VNRC staff spoke at many Act 250 proceedings and advocates review of boiling point came on Town Meeting Day 1990. forums around the state, and distributed thousands cumulative impacts and sound planning principles. Citizens for Property Rights (CPR) and others were of VNRC Growth Management News publications able to get almost half of Vermont’s communities explaining Act 200 and planning. VNRC also helped * Competing uses of the public waters proposed by (122 towns) to vote on whether to support Act 200. organize Green Mountain Citizens for Planning, a ski areas, utilities and developers threaten aquatic Ninety-two voted no, 14 said yes, and 16 votes were group of farmers, ecosystems – VNRC intervenes in water withdrawal tabled. Although the votes businesspeople and other and dam relicensing cases and works with citizens to were non-binding, the interested citizens who designate and reclassify special water resources. legislature responded with support local planning.” amendments that did * Wal-Mart proposals threaten Vermont’s weaken the law. VNRC Action Center communities and environment – VNRC and partners Assistant Jim Shallow succeed in stopping or scaling down most proposals. In the spring 1990 VER, assessed the dif iculties of VNRC Land Use Associate countering the property * Forest resources are threatened by heavy clear- Peg Elmer said: “Clearly, rights misinformation cutting, aerial spraying of herbicides, and large scale people were trying to send campaign: “Our volunteers timber land sale – VNRC sounds the alarm alerting a message. Some people going door-to-door were may have been making an astounded by people’s Peg Elmer Jim Shallow
_ 46 misperception about Act 200. We had one woman vote was later tell us she was all for local planning, but she couldn’t reversed so she did support Act 200 because it said you couldn’t own get to speak) and irearms! Another man told us Act 200 said he the high of voting couldn’t put up a clothesline in his yard. And CPR’s along with fellow own literature stated, ‘If you want to cut two acres of townspeople in a your farm land so your son or daughter can build a record town house on it – forget it. Act 200 plans don’t like that meeting turnout in idea.’ It’s unbelievable the baloney these folks put East Montpelier to out” Steve Holmes support Act 200.”
VNRC Deputy Director Steve Holmes, who at the time “It was immeasurably reassuring to have allies like was Vermont’s Commissioner of Housing and VNRC with Ned, Peg and Jim helping to rally citizens Community Affairs and whose department was in support of the law,” added Holmes. overseeing implementation of most of Act 200, recalled the time: Even former Governor Deane Davis “made a rare public statement supporting the law, ” wrote Susan “The 1990 town meetings period was one of the Clark. Davis ‘…criticized Act 200 opponents for using towns, the owners of land, or the rights of local toughest and most challenging of my career. It was a scare tactics and noted,’ I think people are getting citizens.’ ” real roller coaster ride in the months leading up to scared of a shadow. Nearly 20 years of watching Act and after Town Meeting Day. On that day, I witnessed 250 has strengthened my belief in the need for long- The efforts to repeal Act 200 came to a head in the low of Governor Kunin having to wait out a vote range land use planning in Vermont. I do not believe January 1992 at a public hearing of the House and by the Duxbury Town Meeting on whether or not she it trespasses unreasonably on the rights of local Senate Natural Resources and Energy Committees at would even be allowed to speak (a preliminary no Vermont Technical College in Randolph attended by
_ 47 The 1990s – It’s the Economy…and the Environment
over 1000 effort for one hearing. We were able to interest over month of his second tenure people. 300 people in coming out to the hearing on a cold as Vermont’s chief Although the night, and around 100 signed up to testify, many executive. The new opposition more than the opposition. I think that gave the governor found himself crowd, many legislature what it needed to save the law.” grappling with state budget bussed in to the problems - and the event, was Property rights groups continued to press for repeal Vermont ripple effects of boisterous, the of Act 200 into the mid 1990s, but with VNRC’s work an early 1990s U. S. majority of on the ground with citizens around the state, recession that were helping Ned Farquhar those testifying, weakening amendments failed in 1994 and 1995 to fuel assaults on including when Governor Howard Dean vetoed the bills. After environmental policies like VNRC’s Ned Farquhar, supported the law. Among the House sustained Governor Dean’s veto in 1995, Act 250 and Act 200 – but those speaking in support was former Governor the threats to the substance of Act 200 nearly Dean stayed fairly close to Deane Davis’ top aide, as well as former Governor evaporated, although funding for planning continued the playbook Governor Snelling had adopted for Madeleine Kunin’s Secretary of Development and to suffer, as the legislature used some of the proceeds keeping the state’s economy on an even keel. Community Affairs, Elbert G. (“Al”) Moulton who of the property transfer tax increase initiated in said: “Good community planning is the irst step in 1988 (dedicated originally for planning and the During the economic downturn, there were several economic development, and economic development, Housing and Conservation Trust Fund) for the calls for “streamlining” Act 250 to make it easier for in turn, is the encouragement and creation of the General Fund. business. The Spring 1993 VER cover story, Act 250 best possible new jobs for our fellow Vermonters.” on the Line, noted the emergence of a group with a Act 250 On the Line legislative lobbying war chest of up to $250,000 Recalling the event in 2010, VNRC’s Deputy Director Lieutenant Governor Howard Dean became Governor calling itself the Vermont Environmental Council, Steve Holmes said: “In the years I’ve worked at in the summer of 1991 upon the death of Governor whose goal was to make signi icant changes in Act VNRC, I have never seen such a major organizing Richard Snelling, who was barely into the eighth 250 primarily by making it harder for citizens to
_ 48 participate in the Act 250 process and appeal Act Board granted the permit with conditions to mitigate and appeal process is used in the way it is now being 250 decisions. The legislature had several Act 250 diesel emissions from heavy truck traf ic, used by those who don’t believe Sugarbush should amendments before both chambers, and the pro- C & S executives threatened to move to New have snowmaking.” He was referring to the VNRC-led business Senate was embarking on an unusually Hampshire, prompting Dean to publicly censure the coalition which did not in fact oppose Sugarbush ski slow and confrontational, year-long con irmation of Board. area’s water withdrawal for snow making, but did ive members of the Environmental Board. The Dean oppose withdrawal levels that threatened ish administration also had several proposals to change Dean also railed against conservation groups at a habitat. Act 250, many of which VNRC agreed with. “Still, in January 1993 press conference as reported in the general, tinkering with Act 250 continues to create Spring 1993 VER: “We need those environmental The issue of environmental regulation and balancing the impression that it’s the law that’s the problem, laws, but it’s getting increasingly more dif icult to economic development and environmental when they should be working on other issues, defend those environmental laws when the permit protection was the subject of several analyses and particularly the permitting conferences during this period, process at the Agency of Natural as Vermonters grappled with Resources,” said VNRC’s Executive de ining sustainability. Director Ned Farquhar. VNRC convened a roundtable of Some critics of the Dean business leaders and administration during this period environmental advocates have suggested that part of the showcased in its Spring/ hostility toward Act 250 and the Summer 1994 VER, The Environmental Board may have Economy and the Environment: stemmed from his criticism of the Working Together to Sustain Board in the C & S Grocery Vermont. Participants included: decision in Brattleboro. After the Roundtable on The Economy and the Environment John Ewing; Patricia Moulton-
_ 49 The 1990s – It’s the Economy…and the Environment
Powden; Leigh Seddon; Pat Heffernan; William lessening the overall impact of the recession on always been very low-level disapproval of any sort of Shouldice IV; Allison Hooper; Steven Terry; and Jane Vermont's construction, real estate, and banking regulation, and I think that builds up in a bad Di ley. “What the group found was not division but industry.” economy. I look at Act 250 as a long-range affair. You common ground,” reported VER editor Allen Gilbert. have to guard this law, which has really worked very In the fall 1995, Meyer spoke in a panel moderated well.” Earlier, VNRC had become aware of the work of by Middlebury College professor Steven Rockefeller Stephen M. Meyer, Professor in Political Science at at the VNRC/Vermont Law School Environmental “From my irst year at VNRC until well into the MIT, through his October 5, 1992 paper, Law Center co-sponsored 16th annual environmental 1990s, VNRC devoted a signi icant part of its annual “Environmentalism and Economic Prosperity: law conference which focused on the concerns about budget and staff resources to defending Testing the Environmental Impact Hypothesis” in the effects on environmental quality in the Contract environmental laws, most notably Act 250 and Act which he concluded: “ The bene its of environmental with America proposed by U.S. House Speaker Newt 200. There really was no let up from one year to the protection are obvious and demonstrable. It is clear Gingrich. Meyer’s main points: Vermont’s strong next, “ added VNRC Deputy Director Steve Holmes, from the data and analyses presented in this report environmental policies have not imposed observable who doubled as VNRC’s point person in the that the states can pursue environmental quality economic burdens; and Vermont’s economic health legislature for most of the decade. without fear of impeding economic prosperity.” equals or exceeds that of its regional competitors. A review of the publications and events tells part of Professor Meyer further tailored his research to The Financial Times of London, in its October 28, the story. Vermont and New Hampshire in his March 29, 1993, 1992 headline story, “A Tale of Two States,” paper, “Environmental Protection and Economic compared Vermont favorably to New Hampshire in So Goes Vermont, John Karol’s classic multi-media Development in New England”, at the New its ability to better weather the economic downturn. slide show for VNRC’s EPIC project was made into a Hampshire State Senate, Economic Development video in 1992. Summit: “In fact there is at least some reason to VNRC Board member and former Chair of the Senate speculate that the more extensive planning required Natural Resources and Energy Committee George Act 250: A Positive Economic Force for Vermont, by Act 250 actually may have contributed to Little noted: “Since the act (Act 250) passed, there’s VNRC’s report on Act 250’s effect on the state’s
_ 50 economy was published in 1992. 1993, the Senate Natural Resources and Energy Over the next month, new Committee, under its Chair Tom McCauley, held VNRC Executive Director Made in Vermont: The Dividends of Act 250 – A 20- con irmation hearings on ive members of the Jane Di ley and Deputy minute video ilmed for VNRC by Michael Sacca Environmental Board nominated by Governor Dean: Director Steve Holmes met showing how Act 250 bene its Vermont, was Chair Elizabeth Courtney (who would become with Governor Dean and released in 1993. VNRC’s Executive Director in 1997); Ferdinand urged him to stand by his (“Nundy”) Bongartz; Terry Ehrich; Sam Lloyd; and nominees. “The board has The Valuable Role of Citizens in Act 250 prepared for Steve Wright. A vote of the Senate on January 19, been fair and impartial VNRC by Geordie Vining in 1994 and updated by 1994, con irmed only Lloyd and Wright. The others when its record of Mateo Kehler in 1999 demonstrated how citizen were rejected. decisions is reviewed,” involvement breathes life into Act 250. Holmes said in the Winter Jane Difley 1994 Bulletin, These and Act 250 Facts brochures, “The Senate placed itself in the awkward talking points and other materials were position of second-guessing the board’s used extensively by VNRC in a series of decisions without looking at the facts.” “living room meetings” held around the state in 1993 and 1994 to rally citizens “This is a volunteer board,” VNRC said in in support of Act 250. a letter to all senators, Governor Dean, and Lt. Governor Barbara Snelling. The law itself wasn’t the only thing on “Subjecting these individuals to a the chopping block. Republicans in the tortuous con irmation process hurt the Senate saw an opportunity to strike a Vermont tradition of volunteer service blow to the effectiveness of Act 250 to the state.” through its administration. Beginning in
_ 51 The 1990s – It’s the Economy…and the Environment
Dean decided to reappoint Courtney, Bongartz and vote set the tone for what would be a long, and of the District 1 Environmental Commission, said of Ehrich setting the stage for a second vote by the partisan session which didn’t adjourn until June 12.” the rules: ‘I don’t see that there is a problem…If it Senate on February 22. The weeks before the vote ain’t broke, don’t ix it.’ ” The Environmental Board saw a lurry of news stories, editorials, op-eds, VNRC’s Winter and Summer 1994 Bulletins both ultimately decided not to weaken citizen rights in Act cartoons and letters to the editors, some featured the Environmental Board con irmation 250. But development interests led by the Vermont characterizing the Senate’s actions as process as cover stories, the latter publishing the Ski Areas Association, the Homebuilders and the “environmental McCarthyism” or a “witchhunt”. photos of all senators and the Lt. Governor and their Chamber of Commerce continued to push for a votes on the cover. variety of changes to streamline Act 250 throughout After this deeply divisive and sometimes bitter the 1990s. battle, the Senate (with Lt. Governor Snelling casting Citizen participation in Act 250 continued on the the tie-breaking vote on front burner in 1995, as Moving Mountains II two of the nominees) the Environmental Board In addition to Killington, voted to reject all three. held summer hearings VNRC’s Southern Vermont Sitting in the Senate around the state on rule of ice focused considerable Chamber that day just a changes that would limit attention on Stratton few feet to the right of the the role of citizens in Act Corporation’s Sunbowl podium, Holmes 250 hearings and give project in the early 1990s. remembered,”You could more weight to Agency of The Sunbowl project, as have heard a pin drop as Natural Resources originally proposed by Lt. Governor Snelling permits in Act 250. In the Stratton, was an enormous paused for what seemed summer 1995 Bulletin, addition to the resort’s like several moments “Mary Ashcroft, a VNRC existing facilities. It called before casting the vote on Board member from for construction of 498 Elizabeth Courtney. This Rutland and former chair units of residential second homes, a new 18-hole golf
_ 52 course and clubhouse, swimming and tennis club, said Steve Holmes who had been Southern Vermont Future: What Will Vermont and parking for 300 additional cars at the club and Program Director during the Act 250 hearings. Look Like Apres Ski?” Sunbowl base. It was a massive proposal spread out brings the issue into focus: over 1,000 acres and involving bear habitat and the VNRC’s participation in the Act 250 case involving “The modern ski industry, watershed of Kidder Brook, the irst stream to be Mt. Snow’s application to construct a 2.8 mile long now planning four-season designated Class A in the State of Vermont. pipeline to transport water from Haystack Mountain resorts, could bring cities was less rewarding. The District 2 Environmental the size of Rutland onto The District 2 Environmental Commission in 1993 Commission awarded Mt. Snow the Act 250 permit, Vermont’s highest heeded the advice of the coalition that included after VNRC had argued the permit would allow mountain peaks. We must VNRC, Stratton Area Citizens Committee, excessive withdrawals from Cold Brook. The permit exercise extraordinary Conservation Society of Southern Vermont, Friends did, however, require Mt. Snow to come back with a sensitivity to the scale of of the Winhall River and the Stratton Mountain resort master plan, including the Deer ield Ridge these developments and to Freeholders, in granting a permit for only irst-stage Interconnect (ski trails connecting the two resorts), their potential negative development of 58 residential units and limited golf whenever Mt. Snow iles an application “of any impacts on our land and water resources in these course expansion to only ive holes, primarily magnitude.” Subsequently, the Deer ield Ridge pristine mountain areas.” because of the potential impacts of the larger Interconnect was abandoned and has not resurfaced proposal on stormwater discharges to date. “We are working to insure that ski areas in Vermont and water supply. “The modern ski industry, now are required to submit Master Plans for public planning four-season resorts, VNRC engagement in natural review. The lessons learned and processes created “This is a clear victory for the could bring cities the size of resource issues at ski resorts through review of these multi-phased development environment and for the coalition of Rutland onto Vermont’s highest continued throughout the decade. plans will guide consideration of large-scale plans in citizen groups who brought forth mountain peaks.” Elizabeth Courtney’s “Inside Word” the future. VNRC is advocating for review of valuable evidence used by the -Elizabeth Courtney titled “Who’s Planning Vermont” in cumulative impacts, appropriate long-range review commission in making its decision,” the December 1998 VER edition” The and sound planning principles,” Courtney continued.
_ 53 The 1990s – It’s the Economy…and the Environment
“We question whether the As the new millennium approached, VNRC was family homes and 81,000 square feet of commercial scale and it of these involved in several ski area development reviews. space. VNRC and SACC asked the District 2 massive proposals are Environmental Commission to reconsider its appropriate for the Green VNRC was a party in the Killington Master Plan Act decision to grant a permit subject to preparation of a Mountains.” 250 proceedings, having appealed a District 1 Water Quality Remediation Plan. VNRC and SACC Environmental Commission decision to the argued that the waters must be cleaned up before “This winter and into next Environmental Board. The main issues on appeal any permits can be issued. spring, Vermonters will be were Act 250 criteria for scattered growth and rural asked to consider growth areas. As proposed, the full development VNRC also joined with the Conservation Law mountain resort proposals would host 30,000 people and include 1,350 new Foundation, RIPPLE ( a Stowe conservation group), without reference to a hotel rooms, 2,015 hotel suites, 825 town houses, 80 and VPIRG in the Stowe Mountain Master Planning Elizabeth Courtney strategy, standards, or single family homes, 230,000 square feet of Process before the District 5 Environmental criteria for evaluating the commercial space, 118,000 square feet of indoor Commission. The Master Plan called for Spruce Peak cumulative effects of these individual projects on the recreational and public gathering space, and development to include 486 condominium and hotel environment. From Haystack-Mt. Snow to Stratton, expansion of alpine skiing infrastructure. units, 57,000 square feet of retail space, a new from Okemo to Killington-Pico and from Sugarbush Spruce Base Lodge, 20,000 square foot health club, to Stowe, there will be signi icant new issues arising VNRC and the Stratton Area Citizens Committee and 18-hole golf course, and an additional 115 hotel from dramatic increases in: real estate development, (SACC) were parties in the Act 250 proceedings on units and 30 residential subdivision lots. Major number of vehicles on our roads, waste water the Stratton Master Plan. The Stratton Corporation concerns were water quality, black bear habitat in discharges, air emissions and other byproducts of was seeking approval for 724 “hotel-like” units, 574 the proposed golf course area, traf ic, aesthetics and new growth. Not one of these impacts is being condominium units, 21 single-family homes and growth issues. addressed or monitored comprehensively by any 30,000 square feet of commercial space, new lifts, state or local government,” wrote Courtney. trails and snowmaking. The resort already hosted Although development at these ski areas continued, four hotels, over 700 condominiums, 281 single- VNRC and its partners were able to gain a foothold in
_ 54 the development review process and help effect Mad River”. “VNRC and three other conservation withdrawals below the February median low of the changes in the plans, including downsizing of the groups reached agreement with the Sugarbush ski river should be allowed. To do so would hurt ish in scope of parts of the projects, that will protect area in mid-May on a plan that will both protect the the river and undercut its aquatic health.” natural resources. Careful monitoring of the build- Mad River and allow the resort to proceed with plans out these projects was anticipated to extend well into to expand its snowmaking capacity. “ “In the somewhat contentious atmosphere leading the future. up to the negotiated settlement, the groups were “ ‘This agreement protects one of the most beautiful portrayed by some as trying to push aside thousands A River Runs Through It rivers in Vermont and sets strong precedent for of jobs in favor of unreasonable environmental Water withdrawal from future river withdrawals,’ said VNRC Director Ned demands. In January Gov. Howard Dean accused the rivers and streams for Farquhar. Farquhar, VNRC Water Director Chris groups of ‘scorched earth’ tactics.” snowmaking became one Kilian, and VNRC Board member Doug Racine met of the most publicized and for eight weeks of negotiations with Sugarbush “ ‘The issue wasn’t jobs vs. the environment, though,‘ controversial issues of the of icials. The mediated sessions had been Farquhar said. ‘It was the fair, judicious use of 1990s, and VNRC was in encouraged by Agency of Natural Resources natural resources under consistent ANR process, the thick of things. The Secretary Chuck Clarke after it appeared the two toward building an economy that bene its a wide struggle in the Mad River sides would end up in a lengthy court ight.” range of varied interests.’ ” Valley over Sugarbush’s water withdrawal plans “At issue was how much water Sugarbush could “ ‘The agreement con irms what most Vermonters epitomized the challenges withdraw from the Mad River to make more snow to know,’ Farquhar said. ‘Resource protection doesn’t Vermont faced over this cover more trails.” hurt the economy.’ “ issue. “The conservation groups – VNRC, the Vermont Will Lindner, former editor at the Barre-Montpelier The summer 1993 Bulletin cover announced: Federation of Sportsmen’s Clubs, Vermont Trout Times-Argus and one of VNRC’s most proli ic writers “History is Made: An Environment/Economy Win for Unlimited, and the Vermont Sierra Club – said no for close to two decades beginning in the early
_ 55 The 1990s – It’s the Economy…and the Environment
1990s, focused on “Yet one seasoned observer looked to the past to about the environmental challenges Vermont faced. Sugarbush in his cover understand the Sugarbush affair. The fracas that story for the Fall 1993 VER, divided the valley, that put of icials at odds with their “ ‘What I said’ he recalled, ‘was that we had made Resource Allocation: technical staff, and that in lamed the litany holding major progress to that point in cleaning up the water, Environmental Success economic and environmental interests are mutually and were making progress cleaning up the air and Breeds Dif icult Challenges exclusive, was the predictable result of progress on managing the forests of the state. Vermont was the environmental front that he had watched for getting its natural resources into very good shape. So “When Sugarbush ski area decades.” I saw on the horizon that the next big issue would be of Warren came to allocation between competing good uses for those agreement with VNRC and Lindner was resources. Of course, we had no idea, at that time, three other conservation referring to Bren about (snow-making proposals from) Sugarbush and organizations over a plan Whittaker, Killington, of bear habitat…But with every step we to pump water from the VNRC’s Northern made, the resources were getting more and more Mad River for snowmaking, it was the culmination of Forest Project attractive. And the more successful we are in a dialogue that had been by turns, divisive and Field Director Vermont and the nation in cleaning up our resources, creative over a two-year period. The inal accord was and former the more coveted they become and the more the more than an accommodation with the ski resort Agency of issue becomes allocation. ‘ ’’ designed to maintain the ecological integrity of the Environmental valley waterway; conservationists and state agency Conservation Outstanding Waters Bren Whittaker of icials alike hope it was the irst brick in a new Secretary in the In 1991, the Water Resources Board granted the framework for the future setting out consistent Snelling Battenkill designation as Vermont’s irst Outstanding evaluation of the needs of businesses and the administration. It was Whittaker’s irst press Resource Water. “After working on the project for environmental impacts of their proposals.” conference in 1978 when Governor Snelling two and a half years, VNRC and Trout Unlimited are introduced the new appointee to reporters asking elated by the Board’s unanimous decision,” said
_ 56 Marcy Mahr, VNRC’s Southern Vermont Program In 1992, the Water Resources Board voted on Vermont, VNRC and others undertook a major Director. That same year citizen groups were also unanimously to classify Dorset Marsh Vermont’s irst statewide education and advocacy campaign, successful in receiving ORW designation for the Class 1 wetland. VNRC worked with the Dorset including producing the Ann Cousins ilm Back Poultney River in Poultney and Fair Haven and Pike’s Citizens for Responsible Growth to create the Against the Wal, narrated by Ron Powers. Through a Falls on Ball Mountain Brook in Jamaica. protection, which included a 100-foot buffer zone. partnership with Preservation Trust of Vermont and several local groups around the state, VNRC helped Following the success in 1989 with Kidder Brook, Vermont: The Last Frontier… for Wal-Mart to channel most of the Wal-Mart proposals into VNRC continued to work with local citizens to existing buildings in Bennington, Rutland and Berlin designate more Class A waters. In 1991, VNRC’s that were an appropriate scale for the community. Diane Newton, working with Friends of Cobb Brook VNRC actually supported the Rutland Wal-Mart in and the towns of Jamaica and Windham were the Act 250 process as being both a good size and successful in achieving Class A for Cobb Brook. location to complement the adjacent downtown and avoid sprawl. The only exception was a new Wal- That same year, the Friends of the Winhall River with Mart built at Taft Corners in Williston. assistance from VNRC and attorney Bill Roper, who would later chair VNRC, secured Class A designation The epicenter of the statewide campaign to have big for the upper eight miles of the Winhall. The Water box stores develop on Vermont’s terms, not vice Resources Board, however, left the lower three miles versa, was a corn ield in St Albans where in 1993 classi ied ”B”. One of VNRC’s highest pro ile issues in the 1990s Wal-Mart wanted to build a new store. was the work it did in limiting the impact of big box In 1996 VNRC and activists in Wilmington and Dover stores like Wal-Mart on Vermont’s communities and “Wal-Mart Permit Denied: Supreme Court Upholds E- were successful in upgrading a portion of Cold Brook environment. By the mid-1990s Vermont was the Board Decision” announced the October 1997 VER in Dover from class B to A. only state in the country that did not have a Wal- back cover story which summarized the struggle. Mart within its borders. As Wal-Mart made its move
_ 57 The 1990s – It’s the Economy…and the Environment
“On August 29, 1997, the Vermont Supreme Court “The case is also signi icant because the Court said happy with the Court’s decision. This is an important handed down its long-awaited decision upholding that a secondary growth study – as required by the case that should give a boost to efforts to revitalize the Vermont Environmental Board’s 1994 denial of Board but which Wal-Mart did not do – was an Vermont’s downtown areas and strengthen our an Act 250 land use permit for a Wal-Mart in Saint appropriate request for the Board to make to communities.’ ” Albans Town two mile outside the city of St. Albans.” determine if undue burden would be placed on local governments.” “Holmes had high praise for the “In essence, the Court said that Act 250 decisions dedicated team that worked on must consider the iscal and economic effects of a “VNRC contended that “spin the case over the four years development. The Environmental Board was correct off” strip commercial, sprawl since Wal-Mart irst applied for to evaluate the ‘ inancial capacity’ of communities in development such as fast-food an Act 250 permit in the the region that are affected by the project.” places, gas stations and summer of 1993: Bill Roper, convenience stores induced VNRC’s outside counsel before “In Wal-Mart’s case, VNRC was able to demonstrate by the presence of Wal-Mart the Board and the Court; to the satisfaction of the Environmental Board and would locate in the vicinity. Christopher Kilian, VNRC staff the Supreme Court that the 100,000 square foot This secondary growth would counsel; Mark Naud, VNRC Law giant would have an adverse effect on retail business impose costs on the Clerk; John Finn, leader of in surrounding communities, which in turn would community to accommodate Franklin/Grand Isle Citizens for erode those communities’ tax base.” additional traf ic and to Downtown Preservation; the provide infrastructure for Citizen’s attorney, Frank “VNRC was a party at the Environmental Board level, water supply, sewage and Murray; Beth Humstone and after having been denied party status by the District stormwater disposal.” Chris Kilian and Mark Naud Tom Muller, key experts for Environmental Commission, and was an amicus VNRC and the Citizens on iscal before the Supreme Court.” “Steve Holmes, VNRC’s Deputy Director for Policy, and economic impact; and Paul Bruhn, Preservation and coordinator of VNRC’s effort, said. ‘We’re very Trust of Vermont.”
_ 58 effects of dams in two basic categories: those above Frank Murray, reminiscing with Steve Holmes in “Right now we have a window of opportunity to and those below the dam. Among the upstream 2010, said that John Finn was so excited about the affect hundreds of miles of rivers that have been impacts are reservoir or impoundment changes such Environmental Board’s decision two days before impacted for 80 years,” said VNRC Water Program as “drawdowns” to generate electricity, which Christmas 1994, that John said “I’m going to put that Director Chris Kilian in the Spring/Summer 1995 unnaturally warm or cool the water, cause buildup of in my stocking this year.” VER edition, Water: At the Con luence of Public sediment, and disturb ish and wildlife habitats. Health and Environmental Protection. Downstream impacts from the practice of water The postscript to this phase of the St. Albans Wal- storage and release can sometimes completely de- Mart had Wal-Mart dropping the project. Fast The lead story in that edition by Matthew Witten, water riverbeds and then produce a scouring effect forward to 2004 and a new application for a larger “Dams and the Revival of River Life”, notes: “ In a devastating to stream habitat when water is Wal-Mart on the same corn ield. The next chapter sense, this opportunity dares us to remember how released. will cover Wal-Mart Round II. full of life Vermont’s streams once were, and to demand that utilities make the effort to Roughly one quarter of Vermont’s sixty plus Water Over (and Through) the Dam revive our rivers. Although hydropower hydroelectric dams were up for FERC and state The relicensing of dams by the Federal facilities have become accepted parts of relicensing during this period, and VNRC had a hand Energy Regulatory Commission (FERC) the landscape, their effect is marked. in the decision making on most of them. What presented Vermont with a rare once- There are many dams in Vermont that follows is a sampling of some of the higher pro ile in-50 year chance to address the water severely damage ish habitat in our cases in which VNRC and countless other local quality impacts of these dams over the streams and rivers, and several that groups and citizens were involved. irst half of the century. Rehabilitating erased some of the most beautiful Vermont’s rivers and streams through cascades and waterfalls that our state The Clyde River lows through some of the wildest the FERC relicensing process was a once had to offer.” land in Vermont roughly 34 miles from Island Pond major thrust of VNRC’s water program into Lake Memphremagog. Home to native brook in the 1990s. The story goes on to list the major
_ 59 The 1990s – It’s the Economy…and the Environment
trout, the Clyde once boasted a fabled wild hydroelectric dams, which are located in the towns of landlocked salmon run each fall and spring. Whitingham, Wilmington, Searsburg, and Somerset.”
A dam known as Newport #11 built by Citizen’s The VER story went on: “With the stroke of a pen, Utility Company ended the runs in 1957. VNRC, VNRC has completed one of the largest land Northeast Kingdom Chapter of Trout Unlimited, and protection agreements in recent Vermont history, the Derby and Essex/Orleans Rod and Gun clubs assuring protection of the headwaters of the fought for over four years to have the dam removed Deer ield River for future generations.” and to restore the spawning habitat to its natural state. “At a press conference on February 26, 1997, Gov. Howard Dean, lanked by VNRC Acting Executive On May 1, 1994, “the river decided its own fate”, Director Steve Holmes, New England Power noted Chris Kilian, when heavy rains cut into the Removal of Newport #11 Dam on Clyde River Begins Company Vice President Lawrence Bailey, and bank that abutted the Newport #11 dam, breaching Partnership Award at NWF’s 1998 annual meeting in Agency of Natural Resources Secretary Barbara the dam and allowing the Clyde to low naturally for Washington, D.C. Ripley announced the settlement between VNRC and the irst time in 37 years. The rest of the job of --- NEPCO by which the power company has agreed to removing Newport #11 was begun, after FERC Over ive years of work on the Deer ield River paid permanent conservation easements on 16,000 acres recommendation, with a dynamite blast in June off for VNRC and Vermont’s natural resources, as was around Somerset and Harriman Reservoirs and other 1996, marking the irst time in the nation’s history reported in the March 1997 VER back cover story: Deer ield shore lands, and VNRC will drop its appeal that a dam was removed for environmental reasons. “16,000 Acres of Forest and Shore Lands Protected in of a state water quality certi icate necessary for Southern Vermont.” The February 26, 1997 Rutland relicensing the project.” Kilian was recognized for his work in spearheading Herald reported: “…the VNRC has won permanent the effort to restore the Clyde with the National development protection for the thousands of acres of Holmes noted: “Our objectives have been to Wildlife Federation’s Charlie Shaw Conservation New England Power land that surround the two permanently protect the land and to improve water
_ 60 and technical aspects of the case, I don’t think we “Most importantly, VNRC will be completing an would have gotten so far,” concluded Holmes. assessment of the need for removal of the Peterson --- dam to restore ish habitat,” continued the story. Another major milestone in the dam relicensing arena was reported in the Winter 1999 VER story: “The Peterson Dam is “Agreement Will Restore Lamoille River.” located at the mouth of the river and has eliminated The story began: “In August 1998, after more than critical spawning habitat Press Conference Announcing Protection of 16,000 Acres ive years of litigation, VNRC entered into a for many ish including of Forest and Shore Lands on Deerfield River. Left to settlement agreement with Central Vermont Public walleye and endangered Right: Lawrence E. Bailey, Vice President and Director of Service Corporation, Trout Unlimited- Central lake sturgeon,” said Kim Generation Operations for New England Power Vermont Chapter, and the Vermont Agency of Natural Kendall, VNRC Staff Company; Gov. Dean; Barbara Ripley, Secretary of the Resources which paves the way for restoration of the Scientist. “We will be Agency of Natural Resources; and Steve Holmes, VNRC lower Lamoille River” looking at whether the dam Acting Executive Director. meets water quality quality. We now have protected forever 16,000 acres “At issue in the litigation has been the continued standards and operation of four hydroelectric dams owned by CVPS. opportunities to restore of near wilderness land, and we have set the stage Kim Kendall for stabilizing water levels in Somerset Reservoir The four dams affect habitat and water quality in river habitat.” and returning natural river lows to the Deer ield more than 30 miles of the river.” headwaters.” “This agreement refocuses the discussion on “The agreement guarantees that… the river will be restoring clean water and ends litigation over “Chris Kilian and I have been working on this project restored,” according to Chris Kilian. procedural and preliminary questions,” said VNRC since 1991, when we both started at VNRC. Without Executive Director Elizabeth Courtney. Chris’s hard work and professionalism on the legal
_ 61 The 1990s – It’s the Economy…and the Environment
The Forests and the Trees Council, and recently Commissioner of Forest, Parks would become the irst woman elected President of In the early 1990s VNRC took the irst steps in and Recreation and Deputy Secretary of the Vermont the Society of American Foresters and later the restructuring the policy staff around the 3 to 4 basic Agency of Natural Resources, was on the Board. She Executive Director of VNRC, was on the Board. After program areas that have for the most part remained would go on to become the irst woman Director of leaving VNRC in 1996, Jane became the irst woman, our bread and butter until the present day: water, the U.S. Fish and Wildlife Service (the agency where and only the fourth since 1901, President of the land use, forests and energy. In 1991 Jim Shallow Rachel Carson had worked) before her untimely Society for the Protection of New Hampshire Forests. became the Forests, Wildlife and Public Land death in 1996. Her good friend Jane Di ley, who Program Director. All this irepower was put to good use as the congressionally authorized Northern Forest Lands The Forest Program received another boost with Council (NFLC) began the task of inding ways to the addition in 1992 of Bren Whittaker: forester, sustain the 26 million-acre forest of northern New former Vermont Secretary of Environmental York, Vermont, New Hampshire and Maine, Conservation, former VNRC Board member and a following the publication of the 1989 Northern list of other life experiences too numerous to list Forest Lands Study which concluded that unless here. One of these however, was as a member of the citizens of the region could create an economy the Northern Forest Lands Council, so his that satis ied local needs: “…the pattern of appointment to become VNRC’s Northern Forest unbroken forests will be broken, with wooded Project Field Director based out of his Northeast subdivisions and roadside sprawl spreading into Kingdom home in Brunswick was a perfect match. the working landscape.”
The VNRC Board too had forestry as a long suit, In her story for the Winter 1992 VER, Kathleen echoing the days of Perry Merrill, Dick Brett, Jim Hentcy reported: “VNRC launched its Northern Marvin and Jim Wilkinson. Mollie Beattie, a Forest Protection Project to jump-start Vermont’s forester, member of the Northern Forest Lands response to the study, while ensuring protection of
_ 62 important environmental resources. The VNRC there is a great divergence of viewpoints, this and productive land in Vermont. And the Council project seeks to bring landowners, conservationists, process was a real coming-together.” acknowledged that each state should address and the timber industry together to work toward ongoing forestry practices in light of whether they developing a sustainable forest products industry in As reported in the Fall 1994 VER, some of the major are sustainable. I think that’s important, because in the region.” issues addressed in the Council’s 37 Vermont we still have people saying it’s not an issue recommendations were: “the need for tax reform even though we’ve had clear-cutting on thousands of VNRC and sixteen other groups also agreed to form related to property ownership and inheritance, acres.” the Northern Forest Land Alliance in 1991 (which support of forest-based economies, and grew into the Northern Forest Alliance with 27 strengthening programs for public land acquisition.” He was speaking from irst-hand knowledge gained members by 1992) to coordinate conservation in VNRC’s summer 1994 community efforts in the region. Perhaps presaging study of the logging future events in history in four Northeast The NFLC delivered its inal recommendations in Vermont’s northern Kingdom towns. For 1994 after dozens of hearings and “listening forests both Jim example, the study sessions” that followed on the initial draft of its Shallow and Bren showed that in the town proposals. During the latter years of the process, Whittaker zeroed in of Concord 38% of the VNRC convened its own “living room meetings” in on key elements in the forest had been clear-cut the Northeast Kingdom and workshops around the NFLC in the past 15 years. state to acquaint citizens with the work of the NFLC recommendations. and to better gauge their needs and aspirations. Whittaker, agreeing with Shallow noted: Shallow’s assessment, Bren Whittaker, referring to the NFLC’s work, noted “Property tax reform said that the NFLC added in the Spring/Summer 1994 VER: “Even though is a serious problem if three themes after we want to have open receiving public input. A Vermont Clear-cut
_ 63 The 1990s – It’s the Economy…and the Environment
“Among them were forest practices on both public implications for forestry and other land uses. As Will and private land. Property taxes and the current high Lindner noted in his 1997 Legislative Review in the The so-called “heavy cutting” law regulates clear- prices for timber are temptations to clear-cutting.” October 1997 VER: “Environmental concerns were a cutting on parcels 40 acres or more. This The other themes were to pay closer attention to the quiet but important part of the tax reform debate. controversial law was passed, over the objections of link between forest practices and water quality and Testimony to the fact is the inclusion of the Current some property rights activists, in large measure due to put more emphasis on education in schools and in Use program within the Equal Education to the response from citizens in the NFLC and FRAC forestry practices in the ield. Opportunity Act.” He noted that the law increased hearings, who spoke of the growing clear cutting, not the penalty for withdrawing from current use and just in the Northeast Kingdom, but in other parts of Picking up the baton, recommending individual state that protections were extended to conservation – Vermont. action, handed over by the NFLC, the legislature in oriented non- pro its. 1995 revived the Forest Resources Advisory Council The second major environmental law to pass in 1997 (FRAC), chaired by former VNRC staff member Darby banned aerial and ground application (e.g. from Bradley. VNRC’s Jim Shallow and Bren Whittaker truck-mounted tanks) of herbicides on forests. The worked closely with FRAC and acknowledge its ban actually stemmed from an incident in the critical role in bringing people together around summer of 1995 when Bren Whittaker caught wind legislative proposals. of a permit that had been granted by the Department of Agriculture to Boise Cascade for aerial spraying of Foremost among the forestry legislation passed in herbicide almost literally in Bren’s back yard in the banner year of 1997 were: a clear-cutting bill; Brunswick. Soon calls were looding the Governor’s and a bill prohibiting the spraying of herbicides for hotline, and Governor Dean urged Boise Cascade to forestry purposes. postpone its plans to spray, to which Boise agreed. But there was still uncertainty in the air as the The major headline issue of 1997 was property tax Jim Shallow at a Current Use Rally legislature asked FRAC to consider the issue over the reform as laid out in Act 60. This too had next year. Whittaker re lected in June 1997: “FRAC
_ 64 heard from proponents early in the debate saying landowner incentives and promotion of natural in the lower Nulhegan basin to add to the Silvio O. (spraying is) no big deal, that it’s been done in Maine resource-based businesses can be a model for other Conte Wildlife Reserve. The other 23,000 acres of and New Hampshire and everything’s ine. But then regions interested in sustainable economies that public land was to be transferred in fee to the State they began hearing from others including people in don’t degrade our resources.” of Vermont after purchase and transfer from a Nova Scotia, New Brunswick, and Maine that it’s not private foundation. The $4.5 million appropriation so ine. The public input on that issue was Commenting on the Worcester Mountains Study in was used by the Vermont Housing and Conservation remarkable.” the Winter 1992 VER, Shallow said: “We hope to Board (VHCB) to purchase conservation and public combine this information with conservation access easements on the 85,000 acres to be sold to strategies to help the landowners and the town private investors. Ultimately, the Vermont Land conserve this valuable resource.” Trust and the VHCB would hold the easements on the private and state lands. --- In 1998 and 1999 one of VNRC’s top legislative VNRC’s role in the Champion debate was to make priorities was protection of the Champion sure that in any legislation, natural resource International lands encompassing 139,000 acres in protection received as much attention as working the Northeast Kingdom. The Vermont lands were forests and public recreational access. In large part of a larger 300,000-acre deal involving New measure this was achieved, however VNRC and Hampshire and New York, brokered by the national others took a further measure, petitioning to have View of the Worcester Mountains land conservation organization, the Conservation the Nulhegan watershed designated Outstanding Fund. The 1999 legislature appropriated $4.5 Resource Waters and the Nulhegan waters Jim Shallow explained another VNRC forestry million, which enabled the complex transaction by reclassi ied from B to A. Sensing that there were program initiative in the Spring 1991 VER: “VNRC’s which 48,000 acres will be owned by the public and going to be snags in achieving these designations, the Worcester Mountains Project, aimed at protecting 85,000 acres will be in private ownership. The U.S. coalition of which VNRC was a part, decided to strike valuable open space through the combined use of Fish and Wildlife Service was to acquire 25,000 acres a deal with the Agency of Natural Resources which
_ 65 The 1990s – It’s the Economy…and the Environment
agreed to conduct a critical water quality assessment Tom Miner had their turns. Valley. Chair Patsy in the Nulhegan in exchange for withdrawal of the Highberg called them petitions until the assessment is completed. Between 1990 and 1997, the Council looked irst to “citizen superheroes.” Sarah Muskens and Ned Farquhar to co-direct in Patsy was a VNRC “The agreement re lects our mutual interest in 1990. Ned became Executive Director later that year, superhero herself for her protecting the least developed watershed in and continued until 1993, with a period in 1992 generous support and Vermont. We are pleased to be moving toward a less where Steve Holmes was Acting Executive Director. having served on VNRC’s adversarial process for protecting the exceptional Jan Di ley assumed the post in 1994 and served until Board a total of twelve water quality of the Nulhegan, at a time when all 1996. Holmes again served as Acting Executive years from 1985 to 1997. Vermonters should be celebrating the mosaic of Director until Elizabeth Courtney was hired in 1997. reserves and working forest on the former Champion “At times it was a wild ride,” observed Steve Holmes. Sarah Muyskens of Lands,” said Elizabeth Courtney, VNRC’s Executive “One year in the early 1990s, we were way into our Burlington chaired VNRC Director in the December 1999 VER. line of credit. And it became more dif icult to raise from 1991 to 1992. In money from some of the foundations until they could 1992, Ned Farquhar and In 2000, ANR’s study con irmed VNRC’s 1998 see that VNRC had settled on a course. Fortunately Sarah Muyskens were analysis indicating the Nulhegan Basin is Vermont’s the key program staff hung together for most of the appointed to the Betsey and Bill Uptegrove most ecologically intact watershed. decade, and Elizabeth has brought a lot of stability to Governor’s Council of the organization.” Environmental Advisors. Sarah also chaired the Comings and Goings Conservation Communications Group beginning in After thirteen years under the leadership of one --- 1993, which worked to send a positive message to Executive Director, Seward Weber, the next thirteen the public about the links between environmental years would see no less than nine individuals Bill and Betsey Uptegrove received the VNRC conservation and the economy during a period of holding, and sometimes holding on to, the reins. In Leadership Award for 1990, for their work anti-environment and property rights activism. the 1980s Lou Borie, Monty Fischer, Dick Mixer and protecting water quality in the upper West River
_ 66 Bill Roper, VNRC chair in 1993, stepped down to Environmental Commission. Her Act 250 experience 2003 to 2006. Jake Brown has been editor since become special legal counsel to VNRC in the Supreme was invaluable as VNRC worked on myriad changes then. Court appeal by Wal-Mart of the Environmental to the law. Board’s denial of an Act 250 permit in the town of St. --- Albans. --- Following the death of Mollie Beattie in 1996, several Hollis Burbank- Susan Clark continued as Editor of VNRC’s of Mollie’s friends discussed a way to honor her Hammarlund chaired publications until spring 1992. many years of service to VNRC, the state and the VNRC from 1994 to 1997 Susan was followed by Allen Gilbert and his nation. and helped guide the colleagues at Press Kit , including Andrew organization through Nemethy, Sarah Brock, and Will Lindner, Jane Di ley, Karen Meyer, Beth Humstone, several staff transitions. who helped produce the VER and Bulletin Steve Holmes and Mollie’s husband Rick She later became VNRC’s until 1995. Sue Higby edited the Schwolsky all thought the idea of a Development Director. publications beginning with the Spring/ perpetual VNRC internship in one of our Hollis had earlier been a Summer 1995 VER “Water” edition in policy areas would be a good way to planner with the which the cover design was changed to give remember Mollie and nurture future Windham Regional the VER and the Bulletin similar layouts conservation leaders. The Vermont Commission. with the “VNRC” clearly displayed on the Community Foundation and support from left margin. With this edition, Tim many donors made it possible. “The sadness Attorney Mary Ashcroft Newcomb began his long run as designer of surrounding the loss of our friend and was VNRC’s chair from Hollis Burbank-Hammarlund the publications. Stephanie Mueller became colleague has given way to hope that the 1998 to 2000. Mary had editor with the December 1998 VER and things she cared about so deeply will be formerly served in the Vermont House of continued until the December 2006 VER. carried on through the newly created Mollie Representatives and later chaired the District 1 Pat Berry edited the VNRC Bulletins from Beattie Policy Internship,” Holmes wrote in Stephanie Mueller
_ 67 The 1990s – It’s the Economy…and the Environment
Mollie Beattie in the Field Brian Mohr / EmberPhoto March 1997. Kim Kendall became the irst Mollie Beattie Intern in the summer of 1997. Following a path Mollie would have walked, Kim conducted research on forestry practices, and worked with foresters and ecologists to assemble tree-harvesting rules from other states to be used in helping Vermont implement the newly-adopted heavy cutting law. At the conclusion of her internship, Kim became VNRC’s staff scientist. Vermont’s Green Mountains
_ 68 VEUMIINT ENVIIUINMENTAL REI1111\T • • • • • • • • • • • • • • • • • • • • • • • • • • • ERMONT ERSPECTIVE
T HE O UTSTANDING Throughout the proceeding. the un- mont's first waterfall OR\V, and in Jan- certainty of the Outstanding Resource uary, the Board also officially made BATIENKILL Water designation's regulatory effect that designation. First "Outstanding Resource was a concern echoed by representa- Water', Designated tives of the towns that are home to t.he Batten kill. VN HC argued t.hat the reg- "After w orking on the ulation must be applied identically for proj ect f or two and a half riginating in Dorset and !lowing all OR\Vs. VNRC and T rout Unlimit- years, VNRC and Trout 0 26 mUes to the Ne\\ York border, ed's legal memorandum to the Board Unlimited are elated by the Battenkill has been designated Ver- o;tated, ''Then" is no basis in the law for mont's first Outstanding Resource Wa- treating one ORW-uesjgnated water- the Board's unanimous lcr (ORW). way differently from another.... An decision., The Vermont Water .Resources OR\V is an OR\\'.... Any regulation Marcy Maht·, VNRC Board granted the special status in Jan- Lhe Agency develops with regard to uary, llndiHg the BattenkiU exceptional Outstanding Resource Waters must ap- for "natural, recreational, cultural and ply to any ORW." "Our intention is to have the Batten- values" - all four of the values On the same day, the Board also kill serve as a test case for fuh1re peti- reql.lired by law. heard testimony on a Jamaica waterfall tions. We want to create prcceden<:e "The Board's decision was an affir- J..."nown as Pike's Falls. VNRC has sup- for how the designation is applied,'" mation of the Kill's exceptional quali- ported Pike's Falls' designation as Ver- said Mahr. DN ties,"' saicl Marcv Mahr, VNRC Scmlh- ern Vermont Program Director. "After working on the project for two and a half years, VNRC and Trout Unlimited arc elated b) the Board's unanimous decision." ORW designation was created to protect waterways from streamflow al- teration, limit gravel extraction, and recognize community support for the waterways' protection. The Board ex- pects to issue its "findings of fact" in late winter, whicla may shed lig!.t on the new designation's regulatory impli- cations. At the hearing in November, VNHC ex'Pert witnesses focused on the river's fisheries, wildlife habitat, recreational opportunities, and scenic and cultural qualities. VNRC emphasized the dis- tinction between the law's four values and its fourteen "advisory guide posts." "This distinction is critical for assur- iug that tLe river is not segmented; we wanted to see the entire stream is des- ignated as an ORW." said Mahr. "We didn't want the Board to make specific findings on specific river segments."
VERMONT ENVlROfo."MENTAL RJ::POR1'- SPRJNC 1991-5
1990 1991 1992 1993 1994 Deb Brighton’s The Tax Base Battenkill designated First Dorset Marsh “Made in Vermont: Environmental Board and the Tax Bill published by Outstanding Resource Water Declared First Class 1 The Dividends of Act 250” Denies Act 250 Permit VLCT and VNRC in Vermont Wetland in Vermont video released for St Albans Wal-Mart
U.N. Report Warns of 2˚F Global U.S.S.R. Dissolves / Mikhail Cold War Moratorium on Toxic Genocide in Rwanda Temperature Increase by 2025; Gorbachev Resigns Ends Waste Incineration in Recommends Emissions Reductions U.S. lots," or scaped smaller islands lots wirh s rhar more land- hru hs, and include surface a significant trees and rivers leading cover portion have to Lake rials made of 2 to C rather from permeable rhe 4 percent hamplain than from along them." impervious probably While asphalt. mate- a impervioussome of "On cover man:er these reductions the watershed of wise cove keep Eli zabeth and car individual r may seem in the total scale, you Courtney eful planning. development slight expressed amount want to get points fu counts. on as of development to started. out, At tllis site, every an 10 impervious "Recognizing it's time that in point, little percent cover Vermont, Schueler bit ," Schueler to less ronmental that "most estimates The way says. than well our social of the community we design dent, -being and envi streams or re-destgn we must are all interdepen - and reducing liVIng spaces protecting this all accept impervious holds our responsibi - the Court:Hey. valuab li ty surfaces, key ro "Lake le resource," in and it's critical Champl:W1's says only to the overall health T health ofVermont."is 1999 . _uegis lation I . VNRC . efforts was also to protect concerned at1ve watershed the entire that through Nulhegan Water Resources petitions Outstanding before Board for the adversely Resource Class A affected Waters and accompanying through might language be end, VNRC the appropriation. agreed will support on In the -UP the language for highest wh1ch the Nulhega.n. level Located of protecuon CHAMPION in Nulhcgan Essex County, LANDs is one Protection rivers of t.he d1e International of the in Vermont, tew tree Chan1pion so and -flowing Kingdom lands appropnared unspoiled irs water in the stream" it is considered quality Forest was a top Northeast used by the lor is Program priority by the Lcgislamre waters. the assessment a "reference helped this tor VNRC's Conserv:u:ionVcrmonr Its to year. Housing he habitat waters of polluted appropriarionachieve The Legisl:mrre rion Board and tor provide this objective :md public ro purchase geted wild brook high-quality the FY of $4.5 with 85,000 access conscrva- as prime trout and 1999 million an acres Atlantic spawning arc tar Budget as parr investors which will on the salmon, habitat The money Adjusrmcnr of . Over be sold agencies a species tor Conservation will Acr. Vermont the to private arc that. be used L long term, Connecticut u·ying tcderal se Fund, ro help Housing and Trust the to restore rvation a national the and Nulhegan Rive in the organization, l ami Conservationthe Vermont r watershed. of and-con hold the watershed The land purchase - conservatio Board state's encompasses er 300,000 in Vermont 133 will largest as ,000 on n and public and deer rhe New acre, three part of the private access a nch yard, exte York -state a larg- The Champion and gered and diverse nsive Vermont and New deal almost state species habitat hogs Hampshire involving three lands debate lands osprey such for part mg months cons , as the endan- consist of this complex . The which of umed spruce common VNRC the sessio woodpecker. grouse, loon, ership of 48,000 transaction protection worked n, dur black and 85 acres of ro ensure - -hacked The ,000 in in public much nantral that U.S. Fish private own- focus resources VERMONT Wildlife and ownership recre:\tion:ll as working received accc.o;s forcsrs and as CONSERVATIONHOUSING ultimately will goals in puhlic AND acquire rhe final 1l1c TRUST 25,000 legis- How.i.ng acres in Fw1d and FUND lower Nulhcgan the (HCTF Conservation ) helps Trust to add to Basin agricultural 0. the Silvio 3Jld Come forest land, Reserve. Wildlife contributes and 23,000 The other creation to the acres of be of pub able afford- land will - housing chased be pur Vermonters lor by - foundation a private grants through and to non-profir ferred trans- organizations in fee to the and State ofVe cornmururies. rmont. The The fund is $4.5 million adn111listered by the Vermont Housing 12 Conservationand (VHCB Board ). For Fiscal 2000 Year , the VHCB \viii receive Vermu111 $9.8 Etzvirommmtal Rtport • Sm11mcr /999
1995 1996 1997 1998 Vermont Bill Sets 1999 Clyde River Dam Vermont Supreme Court VNRC National Precedent for Champion Lands in VNRC Gets Removed Setting National Upholds Environmental Board’s Launches Disposal of Products Northeast Kingdom First E-mail Precedent St Albans Wal-Mart Decision Website Containing Mercury Protected Underwater Nuclear Jazz Great Ella Congress Fails to Ratify Kyoto Google Founded World Population Testing By France Fitzgerald Dies Protocol – Adopted by 121 Nations Exceeds Widely Condemned – for Reducing CO2 Emissions Six Billion Green Mountain Range
Labor Day 2006 in Vermont produced “...the largest demonstration against climate change yet in this country.” -Bill McKibben
Wind Turbines in Shef ield The Third Millennium: Coming of Age in the 21st Century Amidst New Challenges
Challenges * Groundwater Protection: The Water Bottling Scare very irst step in a marathon for our grandchildren.” – VNRC leads citizen activists across Vermont in * Climate Change looms as threat to Vermont’s establishing groundwater as a public trust and other The “powerful event” was a ive-day Labor Day economy and environment – VNRC makes climate legislation protecting groundwater resources. weekend walk from Ripton to Burlington, in which change its Number 1 issue overarching all program hundreds of entrepreneurs, businesses, farmers, areas. * Facing a Shrinking Economy – VNRC ights for sugar-makers, scholars and concerned citizens sound environmental policies amidst calls for joined noted author Bill McKibben, to raise * Clean, Safe, Renewable Energy & Energy Ef iciency decreased regulation as Vermont and the nation face awareness about global warming. seen as essential component in addressing climate the worst recession since the Great Depression. change – VNRC steps up VNRC and several other organizations helped energy program and The Game Changer - organize the climate action march about which assists communities to Climate Change McKibben wrote in his September 4th on-line diary implement energy Addressing the crowd in for Grist: “When we inally got to the rally site on the strategies. Burlington’s Battery Park Lake Champlain waterfront, there were more than a on Labor Day 2006, thousand people protesting global warming -- the * Forest Fragmentation: Executive Director largest political rally in the state in recent memory, The Silent Sprawl and Elizabeth Courtney called and perhaps the largest demonstration against Threats to Wildlife on Vermonters to help climate change yet in the country.” Habitat – VNRC helps carry the momentum establish Forest from this powerful event Almost two decades had passed since publication of Roundtable and forward, encouraging McKibben’s irst book in 1989 “The End of Nature,” undertakes measures to people to “think of this “regarded as the irst book for a general audience protect forests. Elizabeth Courtney and Bill McKibben march as the irst step, about climate change.” Interestingly, VNRC’s 25th not the last step…the anniversary issue of the Vermont Environmental
_ 72 Report published in Fall 1989, addressed climate Moore Lappe, and poets Grace Paley, Economy and Environmental Protection, change with an article by former VNRC Board Galway Kinnell, Jay Parini and Ellen asking local, state, and federal leaders member and meteorologist Mark Breen, host of Bryant Voigt. to: “promote policies of renewable VPR’s “Eye on the Sky” weather program and a energy and energy ef iciency as a way of cartoon by Tim Newcomb titled “Vermont in 2028: For its part, VNRC marked its 40th combating global warming and making State Highlights After 40 Years of the Greenhouse Anniversary by calling on all Vermonters Vermont more energy independent.” Effect.” to do their part in helping to counter global climate change. Elizabeth VNRC devoted the cover and much of the The Labor Day 2006 march was seen by McKibben, Courtney, in the opening paragraph of January 2007 Bulletin and Legislative VNRC and others as a catalyst for substantive state “The Inside Word” in the Summer 2003 Update to “Confronting Climate Change.” and federal action to move toward a clean energy VER, said: “In 1963 we could hardly New VER Editor Jake Brown explained future. Each of the candidates for Vermont’s highest have conceived of the internet, a world- in his cover story: “As we wrestle with state and federal political of ices, except Governor wide web, or a global economy, let alone Elizabeth Courtney and the effects of a warming world, which is Douglas, added their signature to a the threat of Governor Jim Douglas virtually undisputed at this time to be pledge to help combat climate global climate human- change. change.” The article is caused, we at VNRC accompanied by a photo of stand ready with all This was not the irst time that VNRC Elizabeth presenting 79 hands on deck to had collaborated with McKibben, and towns’ energy resolutions to help solve this it would not be the last. Bill helped Governor Douglas. The Town monumental VNRC celebrate its 40th anniversary Meeting Day statewide challenge. We are in 2003, as one in a series of guest initiative was spearheaded by marrying our roots speakers throughout the year that VNRC and Southern in conservation with also included, Amory Lovins, Francis Vermonters for a Fair new, locally-based Amory Lovins, Elizabeth Courtney, and Dale Guldbrandsen Jake Brown
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and innovative solutions to students and graduates Morse Farm…attendees marched two miles down to tackle climate change. “The climate change crisis represents the launched “Step It Up” on April the steps of the Vermont State House, There another Conservation is at the very most important and comprehensive 14, 2007. As noted in the 100 people joined the event to watch U.S. Senator heart of the battle to combat challenge we have faced. Global climate Summer 2007 VER: “More than Bernie Sanders and Vermont Senate President Pro global warming and ensure change is occurring, and every Vermonter 1,400 rallies took place in every Tem Peter Shumlin make a commitment to 80 that Vermont’s traditions like will experience its impacts on the quality of state in the nation. At each, percent carbon reductions.” sugaring, skiing, sliding, and life for which Vermont is justifiably famous.” participants called out in one snowmobiling do not become –Elizabeth Courtney, speaking in 2010 uni ied voice: “Step It Up, And as highlighted in the extinct.” Congress. Cut carbon emissions back cover story of the 80 percent by 2050.” Winter 2008 VER: Following on the success of the Labor Day 2006 “Enthusiasm Intensi ies for march, McKibben and a talented band of Middlebury “Across Vermont, over 70 events took place. VNRC, in ‘Stepping Up’ Energy Work collaboration with… In Vermont,” VNRC co- the National Wildlife convened the second Federation, the climate action rally on the Association of Vermont Statehouse steps on Recyclers and Vermont November 3, 2007. The Public Interest nearly 200 Vermonters Research group, called for state action on hosted an event in climate change, which had Montpelier. About 200 fallen short, while people turned out for hundreds of simultaneous events across the nation the Montpelier Step It sought action from Congress. Up launch at the iconic Step It Up Climate Change Rally
_ 74 Elizabeth Courtney’s “The Inside Word” (“Climate implement the policies put forward by the Change: Its About Affordability”) in the same issue “The very day we released our climate commission commission. My fear is that the bulk of the captured some of the frustration with the lack of report the governor released the indings from his recommendations may end up on a shelf collecting progress on climate change: summer-long listening tour. As a result, the governor dust.” declared affordability to be at the top of his agenda “Over the past year and a half, I represented VNRC on and climate change barely registered on the radar. She noted that the only progress to date was the the Governor’s Commission on Climate Change as the Too bad the governor fails to see the relationship creation of an all-fuels utility and the naming of principal voice for the conservation community. Five between affordability and climate change.” individuals to serve on the “Vermont Climate other commissioners and I worked together to frame Collaborative,” a research, innovation and technology a strategy to address the challenges of a warming Beginning in 2008 Elizabeth also wrote several transfer partnership of UVM, government and the planet. “Weekly Planet” columns for the Times-Argus/ private sector. The former, contained in the Rutland Herald addressing the issue of climate sweeping Vermont Energy and Affordability Act, “In late October, we released our report to the change and the continuing inaction. In October 2008, came after a two-year battle between the Governor governor, with several overarching marking the 1st anniversary of the release of the and the Legislature, including a veto in 2007. recommendations that will serve three primary Governor’s Climate Change Commission’s report her Renewable energy initiatives had really sprung from functions: to reduce Vermont’s carbon footprint, to column, “Vermont Let’s Get Serious About Climate the work of a Renewable Energy Coalition of which build our ‘green economy’ and to save Vermonters Change,” lamented: “Some of you might be VNRC was a part, and renewable energy businesses, money. wondering what ever became of the document that collaborating with the Vermont Legislature, rather recommended 38 policy options designed to reduce than the executive branch for much of the aughts, “And the bottom line we stressed, ironically, is that Vermont’s carbon emissions 50 per cent by 2028… beginning with a concerted multi-year effort to pass Vermonters cannot afford to ignore the threat of I’ve been wondering that too. The intent was that the a bill which, in 2003, gave a boost to energy climate change. Vermont Legislature, the administrations’ various ef iciency and renewables. agencies and the public and private sectors – “What’s the irony? informed by state and national experts – would
_ 75 The Third Millennium: Coming of Age in the 21st Century Amidst New Challenges
Indeed, throughout most of the decade, the Douglas Picture: Rolling Back Three Decades of administration seemed to track with the policies of Environmental Progress,” Senator Patrick Leahy had Mind you, this is the Bush administration’s EPA – not the Bush administration when it came to the these words: “We can no longer look the other way some conservation group - taking the Douglas environment, energy and climate change. Deny or as the rest of the world moves ahead while the administration to the woodshed. Ouch! de lect the problems and do nothing. current administration ignores global warming.” Out of Inaction Come Citizens In Action VNRC covered the malaise emanating from In his 2008 article, “A Tale of Two States: What Despite the state and federal inertia, citizens across Washington and Montpelier in the Spring 2004 VER, Vermont Conservationists Can Learn from New the state, the nation and around the world were not “Is Washington Tearing Vermont’s Environment Hampshire,” Will Lindner began: sitting on their hands. VNRC Outreach Director and Apart?” and Fall 2008 VER,“Is Vermont Losing the Energy Program Co-Director, Johanna Miller, in her “I Green Game?” “ ‘As the greenest state in the nation, Vermont takes Believe” piece for the Sunday November 1, 2009 great offense at the comments of a Burlington Free Press noted: “Just last weekend, on In the 2004 article titled regional EPA staffer who… Oct. “How the President’s suggests we lack the 24, Environmental Policies Are policies and practices to the Hurting Vermont,” Vermont protect and improve our world Law School professor of law, natural resources.’ So wrote Pat Parenteau noted: “…the an indignant Governor James White House persists in Douglas last spring, after the claiming the science is still U.S. Environmental Protection ‘too uncertain’ to take action Agency suggested that his (on climate change).” And in ‘Clean and Clear’ program took Will Lindner’s feature piece in an errant approach to reducing the same issue, “Not a Pretty pollution in Lake Champlain.”
_ 76 witnessed the largest uni ied environmental mostly grassroots groups in Vermont engaged in a targeted campaigns, including engagement demonstration ever in the International Day of wide range of local projects from installing solar important legislative efforts and other technical Climate Action. In more than 180 countries and panels and weatherizing schools to drafting long- assistance. 5,200 events, people catapulted one number – 350 – range energy plans. into the public sphere to raise broad public VECAN holds an Annual Community and Energy awareness, set the number as the essential This grassroots activism can be attributed in large Climate Action Conference for citizens across benchmark and instigate needed political action to measure to the work of the Vermont Energy and Vermont to learn how communities “can take action achieve this climate-stabilizing imperative.” She was Climate Action Network (VECAN), a collaborative of to increase energy ef iciency and renewable energy referring to the goal of reducing the amount of statewide and member-based organizations whose use for municipal governments, businesses. and carbon dioxide in the atmosphere to 350 parts per goal is to start and strengthen town energy residents. Workshops include: Community million (from the 2009 level of 389 ppm), the goal committees. VECAN, formed in 2005, includes: Renewables; Biomass Energy; Local Energy Projects set by leading climate scientists as the safe upper VNRC; Community Climate Action; New England in Vermont and many more. limit and adopted by “Vermont’s own climate Grassroots Environmental Fund; Sustainable Energy crusader,” Bill McKibben and his 350.org team, the Resource Group; Vermont Energy Investment VECAN has also produced the “Town Energy and event’s lead organizers. Corporation; and Vermont Sierra Club. The VECAN Climate Action Guide” with step-by-step information website, launched in 2008 and “hosted on the only to help communities in establishing and sustaining VNRC co-hosted a “350” event featuring Bernie 100% solar power hosting service,” offers assistance town energy committees. Sanders with NRG Systems, Green Mountain Coffee to local energy groups in their efforts: “to save Roasters and National Wildlife Federation. energy, reduce greenhouse gas emissions and VECAN’s website highlights a number of projects and advance renewable energy projects.” Through its initiatives that communities have undertaken Johanna’s perspective on the power of people to work with VECAN, VNRC has worked with town including: biofuels for town and school vehicles; effect change also spoke of the growing number of energy committees and municipalities to strengthen biomass in public schools; community town energy committees that VNRC was helping to the “Energy “chapter of town and regional plans, and weatherization projects; compact luorescent get off the ground. At that time, there were nearly 90 has helped organize and sustain committees and lighting campaigns; and more.
_ 77 The Third Millennium: Coming of Age in the 21st Century Amidst New Challenges
assessed clean energy”). Backed by the bonding Party,” a massive one-day world-wide demonstration Paralleling the grassroots activism, VNRC also helped authority of their municipality, Vermonters who live on October 10, 2010, installing solar panels, planting with passage of strong renewable energy legislation in towns that have created these districts can choose community gardens, laying out bike paths and more, in 2009. As explained in the Fall 2009 VER, Energy to borrow funds to make energy improvements – like in his August 5, 2010 post to the internet: and Climate Action Update: “Vermont is now the irst better insulating their homes or installing solar state in the nation to have enabled ‘a standard offer panels on their roofs – and repay that through a “I wrote the irst book for a general audience on contract’, otherwise known as a ‘feed in tariff’ for special ‘assessment’ tacked onto their property tax global warming back in 1989, and I've spent the renewable energy development. The goal of the bill. The assessment is paid back over time – a subsequent 21 years working on the issue. I'm a standard offer is to spur more renewable energy in maximum of 20 years – through the energy savings mild-mannered guy, a Methodist Sunday School Vermont by requiring utilities to pay renewable of the project.” teacher. Not quick to anger. So what I want to say is: energy generators a this is fucked up. The time has come to get mad, and higher price for their Unfortunately the grassroots activism on climate then to get busy.” clean, green power.” change in Vermont and elsewhere has not produced results at the global or national level. The failure to Elizabeth Courtney’s The article by VNRC’s reach any meaningful agreement on climate change article, “The Secret Energy Team – Johanna action at the Copenhagen Climate Summit in to a Long Life,” in Miller and Brian Shupe – December 2009 was followed by the U.S. Congress’s the October 17, continued: “Another shelving a climate change bill in the summer of 2010 Sunday Times promising provision in 2010. Argus-Rutland Act 45 allows cities and Herald, referring to towns to establish ‘clean The work in the trenches continues – now with a the seven stages that energy assessment heightened sense of urgency spiked with a dollop of one may go through districts’” (also dubbed anger - as Bill McKibben rallied the climate action “in accepting the PACE for “property troops in support of “10-10-10” the “Global Work reality of a tragic Brian Shupe Elizabeth Courtney
_ 78 loss or devastating prognosis,” drew an analogy Anyone Interested in a (Vermont) “Yankee between her own illness and what she referred to as Swap”? “VNRC’s interest and expertise in groundwater – “earth’s disease”: On another major energy issue, the Vermont designated a public trust resource by the Legislature legislature took a major step closer toward closing in 2008 – prompted us to intervene in the legal “I think that we Americans must simply be in the Vermont Yankee. As detailed by Jake Brown in the debate over relicensing. In February (2010) VNRC stunned shock or the denial phase of grieving the Spring 2010 VNRC “Bulletin and Legislative Update”: iled a petition (with) the Public Service Board on the reality of climate change. If we are experiencing a Vermont Yankee groundwater issue.” grief cycle, the next phase—which should hopefully “Just before town meeting, Vermont Senators, in a happen soon on a collective level and is already in bipartisan, 26-4 vote, made it clear what they In the February 10, 2010 Times Argus story, “VNRC full swing amongst certain populations—is anger. thought about VY: The nuclear plant is too old to Jumps Into Yankee Tritium keep running safely and the plant’s owners, Entergy Crisis,” VNRC Attorney Jon “Anger counteracts the lethargy of shock and denial. Louisiana, simply can’t be trusted. Groveman said that Anger can boot us onto a path to acceptance and groundwater is a state hope and help us to address reality head on. “In order to get a license to operate from Vermont resource: “…held in trust regulators, Vermont Yankee needs a green light from for the common good of all “But here we are, trying to ignore the inevitable, the full Legislature before the current license expires Vermonters. VNRC is while what we need is simply to get ticked off. We in 2012. These days, that’s looking doubtful, and for deeply concerned that this need an energized movement… good reason. radioactive material could contaminate drinking “We simply cannot afford to be engaged in D.C. “The vote came on the heels of revelations VY water supplies of politics and Congressional gridlock, and we must not of icials misled state regulators about the existence neighboring communities tolerate inaction from our leaders in Vermont.” of underground pipes, pipes that subsequently began as well as the Connecticut leaking radioactive tritium into the groundwater an, River. Polluting the likely, the Connecticut River. groundwater – it’s not OK. Jon Groveman
_ 79 The Third Millennium: Coming of Age in the 21st Century Amidst New Challenges
Vermont Yankees does not own the groundwater Blowin’ in the Wind under the reactor.” As the early years of the new millennium unfolded, With at least a half dozen wind proposals in the wind energy developers led the push in Vermont to works, VNRC took the initiative in Fall 2003 to help Parlez Vous “Renewable”? ind alternative sources of energy for the future. facilitate the Windham Foundation’s Grafton VNRC ended up supporting a bill passed in 2010 that VNRC had supported the irst Searsburg Wind Conference on “Wind Power and Ridgeline enabled Vermont to move toward more renewable Project in the mid-1990s, a modest six-megawatt Development.” Assembling wind power developers, development through measures such as: extending a project that generates enough power for 2,000 wind power opponents, utility executives, state business solar credit, easing interconnections for Vermont families. regulators, legislators, regional planners, local renewable projects, and consolidating appeals of of icials, environmentalists, and others, the renewable projects. Yet, as noted in the Summer 2003 VER: “Within the conference was able to advance several last year, Vermont has seen an unprecedented recommendations to improve the siting process for However, there was a big hitch to our support, as interest in developing wind farms on some of our wind facilities. Jake Brown explained in the Spring 2010 “Bulletin mountaintops. As an advocate for the protection of and Legislative Update”: “…we strongly oppose one out natural resources and development In 2004, VNRC developed a list of section of the legislation that would declare energy of new renewable energy sources, VNRC criteria to guide its decision making on coming from very large hydroelectric facilities like has had to make some hard choices. future wind projects on state and private Hydro Quebec to be ‘renewable’. Vermont’s policy Likewise, the state, regions and land. has been that large hydro should not be classi ied as communities will also have to make renewable because of the extensive environmental some dif icult decisions in the next few In the latter part of the decade VNRC’s and social impacts associated with such years. However, we believe that wind Jamey Fidel participated in the process development. Until we more clearly understand the energy facilities can be developed in leading up to and including the Public impacts, both pro and con, of such a shift, VNRC will Vermont in a way that its the Vermont Service Board’s approval of the 30 oppose this provision.” landscape and enhances our quality of megawatt Deer ield Wind Project in life.” Searsburg and Readsboro, adjacent to Wind Turbine in Searsburg
_ 80 Green Mountain Power’s existing Searsburg wind Vermont become some other place I wouldn’t Vermont Coverts Honors Jamey Fidel farm.. While the project is a boon to in-state wind want to live.” development, our main concern was the project’s In 2007, Jamey Fidel was honored by Vermont Coverts impact on bear habitat. Although the Board agreed In 2006, VNRC’s Jamey Fidel led the way in the with its only award for a non-Coverts member. Citing with VNRC that the bear habitat was important, the formation of the Forest Roundtable to foster his work directing the Roundtable and his efforts mitigation requirement fell short of our goal. dialogue and collaboration around forest issues working with towns to address fragmentation and with over 60 diverse participants including parcelization, the organization noted Jamey’s: “… Forest Challenges: The foresters, the forest products industry, commitment to building a broad-based consensus around Roundtable and Others conservation groups, Agency of Natural strategies that balance the many values and uses of Respond Resources, woodlands organizations, planners, Vermont’s magnificent forest lands.” The cover photo of VNRC’s landowners, municipal of icials, and others. Spring 2006 VER, “Prime trends in our forests are broken into four areas: tax Vermont Forestland-12 As explained in the Winter 2006-2007 VER: “The policy; conservation planning; conservation and Parcels,” showed a wooded Roundtable is designed to address issues that relate stewardship; and support for the forest products ridge-top area subdivided to parcelization and fragmentation including trends industry. in bold red lines. It zeroed in the real estate market, forestland valuation, in on the growing problem property tax policy, land use and conservation With encouragement from VNRC and the recognized by property planning, family and estate planning, landowner Roundtable, the Vermont legislature in 2009 created owners like Peter Upton, Jamey Fidel incentive programs such as the Current Use Program, the Biomass Energy Development Working (BioE) interviewed for the feature article on land and the viability of the forest products industry.” Group, which made recommendations on how to parcelization written by Will Lindner: ‘I don’t want to develop and enhance the state’s biomass industry see my 200 acres chopped up. That’s what’s The Forest Roundtable issued a report in 2007 on while maintaining forest health. happening all over the state. I don’t want to see parcelization and forest fragmentation. Twenty- seven recommendations for addressing troubling
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VNRC and others also took steps to address forestry goals. As part of VNRC’s Forest and Habitat public road to develop a home.” renewable energy in a sustainable manner. These Fragmentation Campaign, VNRC represented six included holding forums around the state in the landowners in Halifax who iled legal paper work to VNRC’s forest program director and legal counsel, summer of 2010 to hear what Vermonters had to say challenge forest land fragmentation through Jamey Fidel, had this to say about the outcome: “ This about using more of the state’s woody biomass to subdivision in the town. As reported in the is an important case in the sense that there is a legal help meet future energy demands. September 7, 2007, posted article on VNRC’s web standard that towns must follow when upgrading site: ” A recent ruling by a state court that two trails to roads to allow for more development. The --- backcountry trails in the Town of Halifax could not reclassi ication must be in the ‘public good, VNRC was also instrumental in the formation of be reclassi ied to public roads will have important convenience, and necessity of the inhabitants of the partnerships and collaborations to bring parties implications for the rural southern Vermont town’. This means looking at the environmental together to affect conservation. Prime examples community and other towns working to control impacts of reclassifying roads, and whether it is in have included: the Forests, Wildlife, sprawl. The decision will help make rural the town’s best interest.” Communities Project to help lands along trails, which include communities with forest stewardship; signi icant wildlife habitat, working “We expect this ruling will become even more Critical Paths for Wildlife Project to forests and recreational opportunities, important as towns consider what to do when they better conserve key wild life crossings less vulnerable to development.” discover ancient roads,” Fidel added. along the Green Mountain Corridor; the Northern Forest Alliance Caucus, and “The ruling in Halifax sets an important --- others. legal precedent. In the decision, Judge In another arm of its comprehensive campaign to John P. Wesley of Windham County address forest fragmentation in Vermont, VNRC Fighting Forest Land Fragmentation Superior Court agreed with VNRC that developed a technical assistance program to assist In tandem with its work leading the state law bars trails from serving as municipal bodies in promoting regulatory and non- Forest Roundtable, VNRC took frontage for development in Vermont. regulatory strategies to conserve forest and wildlife important actions that furthered its State law requires frontage along a habitat. The program got underway in 2007 with
_ 82 assistance to the town of Reading and has expanded “VNRC joined several other parties including the successfully thwarting a Douglas administration to several other communities. Stratton Area Citizens Committee and the Windham attempt to open the door to widespread ATV access. Regional Commission to oppose the construction of The door was of icially shut in the spring of 2011, the utility line through the black bear habitat. Both but as of the fall of 2012, ANR had proposed using a Make Way for the Bears... the Vermont Department of Fish and Wildlife and the licensing system to allow ATVs on certain state lands. and Other Wildlife Environmental Commission had previously Earlier, VNRC was recognized in the 1990s Sunbowl project (in which The GMNF Plan did include numerous special area instrumental in VNRC was a party) that the travel corridor is of designations including the Moosalamoo Recreation safeguarding critical bear statewide importance and is ‘distinctly decisive’ to and Education Area and did provide for wilderness habitat in Stratton and the survival of bears that use it.” areas, although not as much as had been Jamaica. In our November recommended by VNRC as part of a proposal from 8, 2005, web site posting, As a participant in the Green Mountain National the Vermont Wilderness Association. we noted: “VNRC Forest Plan revision of 2006: successfully halted a plan “ VNRC… advocated for a inal plan that balances the Shortly after publication of the plan, Vermont’s by Central Vermont Public Service (CVPS) to build a availability of land for wildlife management, diverse congressional delegation introduced the Wilderness new utility line through a regionally important black recreational opportunities, timber and wilderness Act of 2006 to permanently protect 48,161 acres as bear travel corridor known as the “Sage Hill designations,” according to Jamey Fidel, “…overall, new wilderness. Later that year, after a concerted Corridor” in Stratton and Jamaica. CVPS was seeking the inal forest plan offers a mixed bag of effort by VNRC and other conservation groups an Act 250 permit from the District 2 Environmental management designations and decisions.” working with Senators Jeffords and Leahy and Commission to build approximately 4,800 feet of Congressman Sanders, the bill passed designating utility line to access a house site in the center of the The “mixed bag” included one disappointment: the 42,000 acres of wilderness in Vermont including the bear travel corridor.” allowance for ATV trail corridors on parts of the Moosalamoo National Recreation Area near GMNF. VNRC also worked on the issue of use of state Middlebury. lands for ATV corridors during the late 2000s,
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VNRC was also part of two successful national planning process. A federal court overturned rules and some in the hunting and ishing community lawsuits in collaboration with Earthjustice and other issued in April 2008 that had repealed National sought to open the STA for logging, even though the groups that put the brakes on misguided Bush Forest Management Act mandatory management remaining 9.500 acres in the WMWMA were being administration national forest policies. protections intended to guarantee viable populations actively managed or logged for game management. of all wildlife species in national forests. VNRC found itself in the middle of a two-year As reported by VNRC in April 2007: “ (The) federal struggle, involving the Legislature and the Governor court judge sided with VNRC and other Fidel noted in the Fall 2009 VER that: “The effect of over preserving the historical uses in the STA, which environmental groups, who iled suit over the Forest the ruling in Vermont is that important safeguards included hunting, ishing, trapping and Service’s 2005 forest planning regulations (and will continue to be maintained on the Green snowmobiling. In the end, VNRC took comfort in the ruled) that the regulations violated the Endangered Mountain National Forest.” fact that the STA will remain off-limits to logging. Species Act, the National Environmental Policy Act, and the Administrative Procedures Act. Champion Lands Redux The debate over the Northeast Kingdom’s “This is great news for wildlife,” said Jamey Fidel. He 133,000 acres of Champion Lands also added that the Green Mountain National Forest protected in 1999, lared up again in the Plan was recently completed using the 1982 forest early 2000s. The bone of contention planning guidelines, which contained better wildlife focused on the use of the West Mountain protection than under the Bush administration Wildlife Management Area (WMWMA), a proposal. VNRC had been a key participant in that 22,000-acre parcel owned by the State of process, urging the most protective standards. Vermont, and particularly, a 12,500-acre parcel known as a Special Treatment The second court decision in 2009 struck down Area (STA), known for its high ecological attempts by the outgoing Bush Administration to values. Anti-Champion forces led by weaken wildlife protections through the forest industrial timber interests, camp owners Nulhegan River
_ 84 Current Use – Ups and Downs ecological areas, like wetlands, rare natural legislative wins in furthering groundwater protection Throughout much of the decade VNRC continued its communities, and potentially additional areas such in 2006, 2007 and 2008. support for the Current Use program: ighting to as critical wildlife habitat, vernal pools and riparian keep the program strong in tough budget years and buffers.” The May 2006 VNRC working to improve it to allow for the enrollment of Bulletin noted: “Passage of ecologically sensitive areas. It was not always easy. In It was different story in 2010, as Governor Douglas this important legislation 2002, the legislature settled on a hard-fought vetoed a bill supported by VNRC and others that represents over two years compromise, as part of a much larger “horse trade,” would have toughened the penalties for withdrawing of planning, coordination, which makes it easier to withdraw from the program from the program. Long-time defender of the and hard work by VNRC’s by reducing the penalty after ten years of enrollment. program and former VNRC staff attorney Darby legislative team, who Bradley noted in the May 14, 2010, Times-Argus: chaperoned the drinking In Will Lindner’s 2006 VER feature article he “The purpose is to deter short-term enrollment. water protection bill interviewed VNRC’s Jamey Fidel: “Current Use has When you have a law that allows you to, in certain through the legislative been on the books for nearly 30 years, but we are circumstances, break even in less than a year…it’s a process and then still seeing troubling trends regarding parcelization misuse of the law. We felt that without that change in negotiated the inal and loss of habitat. We need to understand if Current the land use change tax, eventually public support language.” Use is working to its fullest potential,” Fidel said. for current use will erode because of perceived abuses.” The bill would also have generated $1.6 VNRC credited the grassroots citizen action and After an independent study and legislative task force million for a depleted General Fund with a one-time involvement of groups like Water 1st and looked at various policy options, one of the $128 fee for landowners enrolled in the program. Vermonters for a Clean Environment for the success responses to improving Current Use came in 2008, of the initiative. One of the principle concerns noted when the legislature passed, with VNRC’s support, a Water, Water, Everywhere… in Will Lindner’s article for the fall 2005 VER article, bill that streamlined the program in a variety of ways Vermont’s drinking water was a top VNRC priority “What Lies Beneath,” was over the growing number and increased “ lexibility to enroll sensitive for much of the decade, and we helped score of commercial water bottling facilities coming to
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Vermont, withdrawing water from the watershed, The groundwater mapping was a key target for VNRC “Lawmakers plugged a gaping hole in Vermont’s transporting it to a distant bottling plant, and leaving and the task force. Although the legislature in 1985 water protection laws with this bill, and future a diminished quantity of water available to replenish had ordered the Agency of Natural Resources, no generations of Vermonters will be glad they did.” the aquifer. money had been earmarked to complete the job. The legislature in 2007 came through with a $300,000 Stormy Waters The bill required water users to get an interim appropriation to get the mapping underway. Earlier in the groundwater permit if they withdrew over 50,000 decade VNRC’s gallons a day and to map the groundwater aquifer “Groundwater protection has been a top priority stormwater where the withdrawal would occur. issue for VNRC, and this legislation, particularly the team of Water money to get things rolling, is great news for Program The bill also created a task force to recommend a Vermonters,” said Jon Groveman, VNRC’s water Director and groundwater protection program for Vermont. The program director, in the Summer 2007 Bulletin. General Counsel, task force was charged with looking at several tools Kelly Lowry, and to help communities protect drinking water supplies The bill passed overwhelmingly by the legislature in Communications including: creation of maps of groundwater 2008 completed the groundwater “hat trick” for Director, Patrick resources; funding for the groundwater mapping; VNRC. The big-ticket item was the passage of Berry, played a Patrick Berry creation of a permanent statewide program for language declaring Vermont’s groundwater to be a major role in the Legislature’s passage of stormwater addressing groundwater withdrawals; and the public trust resource. The bill also set up a bills in the 2000 and 2002 legislative sessions. As adoption of the Public Trust Doctrine for permitting program for large-scale commercial and reported in the 2002 Bulletin & Legislative Update, groundwater resources, in addition to the state’s industrial water withdrawals of over 57,600 gallons VNRC had pushed for legislation “that would surface waters, which were already held and per day. improve the treatment and cleanup of stormwater managed in the public trust. runoff…the toxic brew of salt, sediment, oil, and In the Spring 2008 Bulletin, VNRC’s point person on groundwater protection, Jon Groveman reported:
_ 86 pesticides in rain and melting snow that runs off of The problem hit the editorial page of the Burlington parking lots, rooftops, and roads…” The product of Kim Greenwood, VNRC Free Press in its March 12, 2008, “Editorial: Why No these two sessions was one of the bright spots - one staff scientist since 2006, Enforcement of Stormwater Permits?,” which began: that held the promise of signi icant improvement in commenting in the “Curiously, the new vigor with which Montpelier’s the water quality of Vermont’s lakes and streams - in Summer 2007 VER said: environmental watchdogs are pursuing enforcement an otherwise dim period for new environmental “Jay Peak was nonchalant – which ensnared farmers and the compost policy. on stormwater pollution operation on Burlington’s Intervale – failed to control, and contamination include stormwater permits for construction sites. During the implementation of the law, it became of Vermont’s waterways clear that enforcement was lacking. Beginning in was the unfortunate result. “Instead of site visits, the state has focused on 2005, VNRC staff scientist Kim Kendall, began to Jay was warned multiple Kim Greenwood projects with higher risks of environmental damage document some of the problems in an investigation times that their sediment based on their risk levels. But Kim Greenwood, staff of stormwater runoff at construction sites at Jay Peak control measures were inadequate.” scientist for the Vermont Natural Resources Council, ski resort. As reported by Candace Page in an April counters that the risk levels are reported by the 18, 2007, Burlington Free Press article: “A VNRC During the summer of 2007, Kim’s on-the-ground construction companies themselves, with 90 percent scientist sent the agency photographs of chocolate- review revealed that various residential and of projects deemed low-risk. colored water pouring off the site and into the river.” commercial projects around Vermont were routinely violating the federal Clean Water Act and ANR was “The council said the state has ined only two But only after prodding from VNRC, the Agency of not bringing enforcement actions. She documented developers for stormwater permit violations in the Natural Resources began to take enforcement action her indings in the 2008 report: “Unchecked and past eight years. Yet Greenwood, a former staff against the resort, dragging its feet for several years Illegal: How ANR is Failing to Protect Vermont’s member of the Agency of Natural Resources, found on imposing a ine, inally levying a ine that only Lakes and Streams.” only one among 29 construction sites she visited in amounted to a slap on the wrist – and giving the compliance with its stormwater permit. wrong message to polluters.
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“If the department is understaffed again and unable The Stowe Mountain Resort master plan and completing of groundwater mapping by 2007. to inspect construction sites, maybe the state should construction spanned much of the decade, and VNRC, There have been dif iculties in implementing some of hire Greenwood and the Vermont Natural Resources as one of the interested parties, was kept busy these provisions, but VNRC has continued to keep a Council to do the work they’re already doing.” holding SMR’s feet to the ire on avoiding water watchful eye on the program as a member of a quality degradation to the several streams impacted technical advisory committee. Jay Peak wasn’t the only ski are causing water quality by construction of commercial and residential problems for Vermont. VNRC also kept a careful eye development, snowmaking lake, and golf course as “The ultimate horse trade” to enable alternative on master plan development at Stratton Mountain part of the massive Spruce Peak base-area project. systems, however, was the elimination of the “10- and Stowe Mountain Resort. VNRC and the Stratton acre loop-hole,” which had allowed any septic Area Citizens Committee were the driving force “Septic Issue Finally Unclogged” systems to be built on lots over 10 acres without behind a provision in Stratton’s Act 250 master So proclaimed the Summer 2002 VER Perspective on oversight or permits. Under the new law, ANR was permit that requires a remediation plan under which what had been a nearly nine-year struggle to given universal jurisdiction over all on-site sewage the corporation must comply with water quality overhaul the way that on-site sewage disposal is disposal systems. If it works, as intended, the law improvement targets and restore streams before managed in Vermont. should protect the public health, groundwater and proceeding with new development projects on the other drinking water supplies and lead to better land mountain. VNRC and SACC have had to be vigilant “VNRC was instrumental in including language to use, because it no longer makes any sense to create throughout the decade to ensure that Stratton insure that the use of alternative and innovative land consumptive 10-acre lots or larger just to avoid follows the required clean-up plan. The results have systems could move forward with suf icient state review. shown that damage to the streams can be safeguards in place.” remediated, and the approach used at Stratton can Protecting Wetlands be a model for stream restoration and protection These safeguards that were important to VNRC Throughout the decade, VNRC sought extra elsewhere. included limiting alternative septic systems to slope protection for Vermont’s wetlands and waters. The less than 20%, requiring planning and zoning in Northshore Wetland on Lake Champlain in towns as a prerequisite to use of alternative systems, Burlington became the state’s second Class 1
_ 88 wetland in September 2000, thanks to three Class 1 classi ications. “Inside Word. VNRC’s successful effort to have it reclassi ied. The wetland is In 2009-2010, VNRC was a lead “The rain and snow melt that drains off the roofs of surrounded by a 300 buffer zone advocate for stronger wetlands law buildings, roadways and over lawns and earth into needed to protect migratory waterfowl and subsequent new wetland rules the rivers and stream that feed Lake Champlain… and other wildlife. adopted by the Agency of Natural carries with it the unintended consequences of the Resources. The rules will ensure that lifestyles of over three quarters of Vermonters – A petition for Class 1 designation for wetlands not on of icial wetlands maps phosphorus overloads, silt, salt, pesticides, the Tinmouth Channel Wetland are placed on the maps to protect the herbicides, petrochemicals, pharmaceuticals and Complex followed in 2001. Guided by wetlands from development. these pollutants end up in Lake Champlain,” noted VNRC’s Water Program Director Kelly Courtney. “(H)ow we live on the land in Vermont Lowry (who Lake Champlain and Beyond also doubled Northshore Wetland Like many other Vermont as the Forest organizations that year, VNRC’s Fall Program 2009 issue of the VER - ”Lake Director after Job Heintz) Champlain:What’s at Stake? - celebrated the and assisted by an active 400th anniversary of Samuel De Champlain’s citizenry, town of icials and “discovery” of the lake that bears his name. the local land trust, the While acknowledging the gifts of this marvelous Class 1 was granted by the resource, articles by Elizabeth Courtney and Will Water Resources Board in Lindner also sought to illuminate the troubles – December 2001, becoming primarily linked to what we do on the land only the third in the state. within the watershed - and approaches to “Giving VNRC led the way in all Back to Lake Champlain,” the title of Elizabeth’s Kelly Lowry
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plays a prominent role in water quality,” and being illed by the State Agency of Transportation as state. In the wake of the early 2000s recession and suggesting as a way to give back to the lake,” …we part of the Route 2 expansion. the September 11th attacks, the Douglas need only to conserve and responsibly manage --- Administration and the Republican-controlled House Vermont’s forests and farmland, carefully plan for It took VNRC and other groups four years, but a of Representatives proposed several changes in state compact, ef icient and low impact development and mercury bill inally passed in 2005. The law banned environmental permitting programs to make it be cognizant of what we put – even inadvertently – certain types of mercury-containing products, easier for developers to build in Vermont and harder into the lake.” enhanced mercury labeling, and increased efforts to for citizens to participate in Act 250. abate mercury pollution from dental of ices. Will’s feature article noted how much of VNRC’s The issue came to a head in 2004, with the passage work has direct impacts on the water quality of the Perception Reform and Act 250 of the so-called “Permit Reform Bill.” Following two lake., citing the stormwater, wetlands, and septic The Tim Newcomb cartoon on the cover of the June years of contentious debate, the legislature delivered waste disposal work of VNRC’s water program staff 2004 “Bulletin and Legislative Update” marked a sea a mixed bag of changes to state and local permitting, Jon Groveman and Kim Greenwood, and the recent change in Act 250. Governor which some labeled “perception reform” because the successes in forging the tough St Albans Wal-Mart Jim Douglas waves goodbye to ix mainly addressed stormwater agreement, expanding state protection the Environmental Board and perceived, rather than real, from development for wetlands, and ighting off Water Resources Board as they problems. septic rules that would have resulted in lake sail away on makeshift wooden pollution. rafts. One bright spot in the bill --- allowed citizens and In the summer of 2010, VNRC’s Jon Groveman Since taking of ice, Douglas environmental groups to worked with citizens in East Montpelier and had taken every opportunity to appeal Act 250 decisions to Plain ield to protect the Coburn Road swimming hole complain about how Vermont’s Supreme Court. Prior to the along the Winooski River in East Montpellier from permit process was bad for change, these parties were economic development in the precluded from taking an
_ 90 appeal beyond the that this bill will set the stage for…a substantial Environmental Board. Now The Environmental Court was empowerment of the judiciary, and the exclusion of they could appeal District expanded with another judge non-lawyers from the process unless they have Environmental Commission and supporting staff, but, with lawyers.” decisions to Environmental only two judges and far less Court and then to the staff than was recommended Senator Illuzzi’s words have seemed prophetic in Supreme Court. by the Court Administrator, recent years as some high pro ile cases have reached VNRC and others argued that the Environmental Court. Steve Holmes noted: “In Another positive change was the Court was not up to the the St. Albans Wal-Mart case, as many as a dozen the reorganization of state task it was given of hearing lawyers, and at least as many experts, have planning law to make it more the many new appeals that participated in local and Act 250 hearings and the user-friendly. The law was would be coming its way. Environmental Court trial. However, citizen voices also strengthened to require are almost non-existent in these proceedings.” that bylaws conform to the town plan. In fact, VNRC and others had argued for a professional board along the lines of the Public One seemingly innocuous provision in the “permit However, as the cartoon illustrated, the Service Board to replace the Environmental and reform bill” requires potential parties to show they Environmental Board and the Water Resources Water Resources boards. Our June 2004 Bulletin have a “particularized interest” in the outcome of the Board were effectively eliminated. Their role as notes: “ We’re not sure anybody except lawyers wins proceedings. In at least two Act 250 cases in which appellate bodies in the permit process was under this model: not applicants; not developers; not VNRC has been involved, Morgan Meadows in eliminated. They would continue, in a diminished landowners; not citizens. It’s going to be more Windsor and Wal-Mart in Bennington, lawyers for capacity as the Land Use Panel and the Water expensive and take more time to go through the the developers have argued against citizens and Resources Panel of a new Natural Resources Board, appeals process.” And Senator Vincent Illuzzi’s VNRC gaining party status because they did not have but their function would be limited to administration remarks (coincidentally on Earth Day, April 22, a “particularized interest.” These both landed in and rulemaking. 2004) were also captured in the Bulletin: “I expect Environmental Court, causing delay and expense for
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all parties and sending a chilling message to those impacts associated with climate change and energy who had always viewed Act 250, as Governor Deane security.” VNRC advanced legislative proposals to VPR’s John Dillon pointed to another possible reason Davis had, as a citizen-oriented process: “…the rights change criteria to address this concern as well as in a February 5, 2008 story on the increase in of the public had to be heard where major transportation and sprawl. Vermont bank foreclosures in which Tom Candon, developments were to be,” said Davis in 1989.” the state’s chief banking regulator, said that Vermont The Consequences of a Shrinking Economy had not seen as much of a problem as in other states In the last few years VNRC renewed its quest for a Vermont was spared the worst effects of the Great and that Act 250 deserved some of the credit professional board with an initiative to consolidate Recession of the late aughts, brought on by the because it had slowed the development of the permitting functions of the Environmental Court, subprime housing mortgage crisis that caused the speculative development projects. Candon said: “The Natural Resources Board, and the Department of failure of many U.S. inancial institutions, leading to state’s environmental laws have limited our strip Environmental Conservation. “Chief among VNRC’s the U.S. automobile industry crisis and contributing developments, housing developments, which have concerns is the fact that, increasingly, citizens are to a global inancial crisis. been causing problems in the Floridas, Californias, being shut out of the Arizonas, for instance.” environmental permitting Vermont Public Radio’s series process,” wrote Jake Brown in Environmental Permitting called “Hitting Home: The But this did not stop the Douglas Administration the Spring 2010 Bulletin. Recession and Vermont”: from using the recession, and the ruse of circumventing environmental laws to quickly spend A.N.R.’s reported on August 17, 2009, D.E.C. VNRC also advocated that Vermont was one of only federal stimulus money, to try to scuttle the laws and ANR revamping the criteria to meet Act 250 ANR Local Act 250 Permits Local institutions that Vermont has to protect the Permits Permits Permits Permits Permits two states that didn’t have any the challenges of the 21st environment. Using shop-worn arguments that Streamlining banks that took bailout money Legislation Office of Natural Expanded Environmental century. As Elizabeth Courtney Resources Environmental Downtown Permitting Court Vermont’s environmental permitting process Board Board from the federal government. noted in the Fall 2008 VER: Montana was the other. One represented a “culture of no,” the governor sought Administrative Growth Center Administrative Growth Center “The law is now out of date. It Rules Determinations Rules Determinations reason is Vermont banks are so legislation to roll back Act 250 and made signi icant is ill-equipped to deal with the cuts in the Agency of Natural Resources budget, Current: Disjointed Processes Proposed: One Good Process small.
_ 92 decimating key staff and severely hampering its a block down Baldwin Street from the State House. Interest Research Group, Vermont Businesses for ability to do its job protecting Vermont’s Several years into my tenure, Peter Zilliacus left the Social Responsibility, Housing Vermont, Association environment. organization $800,000 to insure that we always had of Vermont Conservation Commissions, and Friends an attorney on staff. In 2008 we decided to create of the Earth. The Vermont Bicycle and Pedestrian In standing up to the Administration’s wayward another endowment. The irony is that the kick-off Coalition joined at a later date. legislative proposal, VNRC’s Jake Brown said in the date for our Fund for the Future Campaign was Spring 2009 Bulletin and Legislative Update: “We are planned for October 2008, just days after the Convened and administered by Smart Growth painfully aware of what relaxing regulations meant collapse of the housing bubble and the sharp fall in Vermont, the Collaborative promoted a vision of to Wall Street, and by extension, Main Street and our the stock market. What was to become known as the growth and decision making that supported smart own pocketbooks. Vermont needs to maintain a Great Recession not only put a cramp in the growth principles – encouraging growth in commitment to our environmental protections that campaign but had a signi icant impact on our community centers while maintaining the rural will continue to help insulate Vermont from the operating budget. The ensuing couple of years working landscape and protecting Vermont’s major economic turmoil that has pummeled other proved challenging for the organization, with some states.” work force reductions.”
Re lecting on the economy and implications for Getting Smarter VNRC, Elizabeth Courtney noted in 2010: “In the mid Concerned with ever increasing examples of sprawl 1990's the country was in a recession from which and poorly planned growth chewing up Vermont’s Vermont and other states were slow to recover. landscape, a group of nine organizations (soon to Consequently, when I became Executive Director in become ten) in 2003 launched the Vermont Smart September 1997, VNRC's cash low was less than Growth Collaborative (VSGC). Founders included: impressive. But we were blessed with an endowment VNRC, The Vermont Forum on Sprawl (later Smart from Hugo Meyer that allowed us to make Growth Vermont), Preservation Trust of Vermont, substantial improvements to our crumbling building, Conservation Law Foundation, Vermont Public Downtown Bristol
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environmental quality. It offered workshops and organizations continued to work together on key valuable farmland and other rural resources. This technical assistance on smart growth planning tools smart growth issues. groundbreaking initiative has been at the forefront of and strategies for communities and citizens. VSGC VNRC’s legislative agenda for the past two years.” engaged in legislative initiatives such as the growth Way to Grow! center bill and analyzed state budget expenditures, For over twenty years, Vermont had been struggling To be sure, it had been two years of persistent effort through its Smart Growth Scorecard, to determine if with the growth center concept, with several studies for VNRC with a Joint House-Senate Working Group state funds were being used in a way that to show for it, but no legislation that squarely on Growth Centers and many stakeholders, but the contributed to smart growth or to sprawl. The group addressed it. That all changed in 2006 when as results prompted VNRC’s Executive Director also created a Housing Endorsement Program to reported in the May 2006 Bulletin: Elizabeth Courtney to remark: “This hard fought bill recognize exemplary development projects that heralds the long-awaited marriage of planning and adhere to smart growth principles. VSGC members “After years of hard work, Vermont now has some regulation in Vermont. With it we’ll see communities weighed in on high pro ile projects like the new tools to ight sprawl. On the last day of the 2006 much more clearly de ining guidelines for Chittenden County Circumferential Highway (“The session, the General Assembly passed the Growth development in Vermont.” CIRC”) and Wal-Mart proposals. Centers Bill, S. 142, to encourage development in appropriate areas while ensuring protection of VNRC’s Steve Holmes added: “The Growth Center Bill Smart Growth Vermont merged with VNRC as is a itting companion to Act 200, Act 250, and the part of our Sustainable Communities Program in Downtown Law. There are very few states today July 2011, strengthening VNRC’s focus on who can claim such a comprehensive growth community development and smart growth management program.” issues. Key provisions of the bill included: Although he Collaborative’s role had diminished prior to the merger due mainly to funding A meaningful description of growth centers that cutbacks, VNRC and several other member will focus new development in designated Downtown Montpelier
_ 94 downtowns, village centers and new town centers, big. Although the town scaled it down, the Expanded existing Wal-Mart from 50,000 to 112,000 square and land adjacent to these three areas; Downtown Development Board increased it in its feet. VNRC worked with Citizens For a Greater inal decision. Bennington since 2005 in the local and Act 250 A requirement that growth center planning be in permit processes and represented CFGB in both of accordance with smart growth principles designed to In 2007, VNRC appealed the decision to the Vermont these venues and in appeals iled in Environmental avoid sprawl and strip development; Supreme Court. The Court subsequently ruled it did Court. The goal has been to scale down the size and not have jurisdiction to decide the case. The law ind a site closer to the downtown, if Wal-Mart An Expanded Downtown Development Board to continues to be problematic in this respect, because expands in Bennington. In Derby, VNRC has also assist with land use and community planning issues there is no appeal provision spelled out. Other tracked since 2005 the proposal by J.L. Davis (the in the growth center designation process; communities have since received growth center same developer who did the Williston Wal-Mart and designations that appear to be overly large and not has proposed the St. Albans Wal-Mart) for a 150,000 A package of regulatory and inancial incentives in strict conformance with the law. square foot Wal-Mart. within growth centers; VNRC sought, and achieved, some amendments to As part of its statewide big-box campaign, VNRC, the A growth center designation process that ensures the law in 2010 that should result in better Preservation Trust of Vermont and other state and that growth centers are appropriately sized and that designations in the future in line with smart growth local partners have helped to educate policy makers proper planning and zoning tools are in place. principles. at the state, regional and local levels about the adverse impacts of overly large national discount The appropriate sizing of growth centers has proven Wal-Mart Round II stores. Through 2010, our efforts had helped thwart to be an elusive goal ever since the program began Not satis ied with only four stores in Vermont, Wal- proposals for big box stores such as: Home Depot in the implementation phase. The very irst growth Mart returned to the state beginning in 2003 with Berlin in 2008, and Lowe’s in Derby and St. Albans in center application from the Town of Williston was proposals in St. Albans, Bennington and Derby, and 2009. In the last case, Lowe’s abruptly pulled out of challenged by VNRC and other members of the amid rumors swirling about stores in several other St. Albans, but not before VNRC ‘s water program Vermont Smart Growth Collaborative as being too towns. The Bennington proposal would expand the team had scored a victory of sorts by getting the
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trial this past summer in St Albans, both sides when the Environmental Board denied Wal-Mart a continue to ile legal papers. A decision in the case is permit to build a 100,000 sq. ft. store. still months away. Then, in 2004 Wal-Mart applied for local permits to The 16-year St Albans Wal-Mart ight may be the construct a bigger, 160,000-square-foot store on the longest-running battle against Wal-Mart anywhere in same site. At that time, VNRC, along with a local the country, according to a recent Boston Globe story citizens group and the Preservation Trust of on the controversy. Vermont, suggested a more reasonable, less damaging solution: a smaller, downtown store. But The debate over Wal-Mart in St Albans, as well as Wal-Mart wouldn’t entertain the idea and pursued its VNRC’s participation, dates back to the early 1990s out-of-town big box plan. The citizens, with the help company to agree to a stormwater plan which could be used as precedent – in tandem with a similar requirement in the St. Albans Wal-Mart case - to set a very high bar for other developments.
By far the most contentious, and longest running, battle to date has been over the St. Albans Wal-Mart proposal. It was pro iled by Jake Brown in the Fall 2009 VER and excerpted here:
“The battle over a proposed Wal-Mart in a corn ield outside of downtown St Albans continues in Environmental Court and after an intense, three-day Proposed site of Wal-Mart in St. Albans
_ 96 of VNRC, decided to draw a line in the sand, opposing violate Act 250 and would not conform to the 2006 constructed. what would be a poorly sited, oversized store. Growth Center law, which VNRC fought hard for, and that the Wal-Mart would be incompatible with a local ’The Wal-Mart stormwater settlement is a model,’ ‘A courageous and dogged group of neighbors who working farm – the Hudak Farm – which is located a said Groveman. ‘It is stringent and protective, and want to see downtown St. Albans prosper into the third of a mile from the proposed big box store. VNRC considers this a major success not only in this future and who don’t want irreplaceable cropland case but for water quality across Vermont.‘ paved have worked with VNRC for years on this,’ said Like other large developers, Wal-Mart is required to Jon Groveman (in the Boston Globe) the VNRC get Agency of Natural Resources stormwater permits Despite the lengthy, expensive, complicated and attorney who is handling the case. ‘This has truly outlining how they would deal with erosion and controversial process — and despite important been a ‘David v. Goliath’ ight. It’s a testament to sedimentation during victories like the stormwater these amazing citizens that they have persisted in construction and long-term settlement — VNRC remains this ight for what they, and we, believe is right.’ “ rain and snow runoff from committed to stopping this the roof and parking lot shortsighted idea. During the trial, VNRC and the citizens group should the store get built. Northwest Citizens for Responsible Growth, argued VNRC laid out speci ic ‘It’s a line in the sand that that Wal-Mart’s studies of the economic impact were demands for stormwater means something very real based on inaccurate assumptions and a lawed protection to Wal-Mart, and for our state. And there’s a economic model that failed to consider the sprawl the retailer met them. The better way to provide the that Wal-Mart will attract. VNRC also argued that result is an unprecedented affordable goods people are Wal-Mart should have performed a more meaningful agreement that legally clamoring for without the and accurate analysis of traf ic impacts, one that protects the water quality in high costs this store will would take into account factors such as backups of nearby streams, which run exact,’ noted VNRC’s Deputy vehicles at traf ic lights. Finally, VNRC argued that the into Lake Champlain, should Wal-Mart team photo (left to right): Kim Director Steve Holmes. ‘We store’s destruction of prime agricultural soils would the store ever be Greenwood, Brian Shupe, Betty Finn, Jon support development that Groveman, Markell Ripps, Steve Holmes
_ 97 The Third Millennium: Coming of Age in the 21st Century Amidst New Challenges
complements, not erodes a community’s character, Wal-Mart with the adjacent Hudak Farm. The the bias against VNRC and the citizens demonstrated boosts the local economy and protects and enhances applicant has the burden of proof to satisfy the town by the chair of the local development review board. Vermont’s working landscape. This project is the bylaws. In the end, though, VNRC was precluded from iling antithesis of that. And we continue to ight for that an appeal on that basis because the statute of reason.” “The Court has overlooked the obligation of the limitations had expired. applicant to demonstrate that it will not jeopardize In January 2010, the Environmental Court ruled in the existence of well-established local farm Remembering VNRC Wal-Mart’s favor. But the Court’s decision was so operations,” according to VNRC’s Deputy Director Heroes fraught with errors that VNRC asked the court to Steve Holmes. Former VNRC staff and amend its decision. After several months the Court board member Susan corrected many of its errors, but refused to change On June 1, 2010, VNRC, Hudak Farm and Northwest Clark remembered it’s decision. Citizens for Responsible Growth iled an appeal with VNRC’s irst executive the Vermont Supreme Court. In addition to the director Justin Brande in The Court erred in initially inding that the Hudak compatibility with agriculture, other issues on the Summer 2000 VER: Farm is located only in Swanton. In fact the Hudak appeal included: con licts of interest; secondary “VNRC has lost one of its Farm has 69 acres in the Town of St Albans. Although growth; and the legal doctrine, res judicata, which oldest and best friends the Court later corrected the factual errors, the Court VNRC believes precludes building a Wal-Mart in the this spring with the reached the lawed conclusion that the applicant same location that was turned down by the Supreme passing of Justin Brande. Wal-Mart need not focus on the compatibility of the Court in 1997. Justin’s natural resource proposed Wal-Mart with the Hudak Farm. The Town protection work knew Justin Brande and Susan Clark of St Albans Subdivision Bylaws requires that an Unfortunately, the 2011 Supreme Court did not agree no bounds; indeed one colleague recently remarked applicant prove that a project is compatible with with VNRC. The August 2011 ruling gave a green that most professional environmentalists in Vermont adjacent uses - especially agriculture. The applicant light to Wal-Mart despite the Court’s inding that owed thanks to Justin for founding their did not analyze the compatibility of the proposed VNRC’s due process rights were violated because of organizations.”
_ 98 Commission, Peter was at ‘ground zero’ in the debate named “The Zilliacus Room,” and the Peter Zilliacus And in his memories of Justin, reprinted from the over uncontrolled growth and environmentally Award for Environmental Achievement honor Peter’s Sunday Rutland Herald-Times Argus, former VNRC damaging development that led Governor Deane contributions to VNRC. chair, Carl Reidel noted: “I’m con ident now that I Davis to visit the unplanned second-home know the secret of Vermont. It’s people like Justin developments that were proliferating in Dover and Seward Weber passed away on January 2, 2007 at Brande… Never a traitor to his beliefs, Justin taught Wilmington. An early advocate for the initiatives that the age of 78. Elizabeth Courtney’s “In Memory of me and many others by example the deeper led to Act 250, Peter was tapped by Davis in 1970 to Seward Weber – A Pledge meanings of personal integrity.” be the irst Chairman of the District 2 Environmental to Keep Up the Volume” Commission, a post he held for seven years. appeared in the January Former VNRC Board member and benefactor, Peter 2007 Bulletin and is Zilliacus, who passed away in March 2001, was “Throughout the 1990s…he was unfailing in his excerpted here: remembered by Steve commitment to Holmes in the Summer strengthening the law and a “I grew to appreciate 2001 VER: citizen’s right to fair Seward’s supportive and hearings. As a former Act passionate coaching and “Where I came to know 250 administrator, his his straightforward advice. Peter best was in his deep words were some of the And with just those love for Vermont and its most powerful testimony qualities, he delivered his natural resources and his before legislative last lesson to me. lifelong commitment to committees and citizen activism. In the late Environmental Board “On December 21st, the Seward Weber sixties, as a town of icial in hearings.” longest night of the year, Dover and as a member of Susan and Seward had invited me and some other the Windham Regional VNRC’s conference room friends to dinner in honor of Susan’s birthday and Peter Zilliacus and Senator Jim Jeffords
_ 99 The Third Millennium: Coming of Age in the 21st Century Amidst New Challenges
the solstice. After some lively conversation ranging Hemmings Motor News in Bennington VNRC’s New Millennium Leaders from children’s books to the environment, Seward until his death in January 2002. Mark Naud chaired VNRC from 2001 to excused himself from the table to retire to his 2002. Mark had been a VNRC law clerk, bedroom to rest. We were right in the middle of a VNRC also marked the passing of Art working with Chris Kilian in the 1990s heated debate over global warming, an issue to Gibb in November 2005, George Little in on the successful case against the irst which Seward had dedicated himself over the past February 2009, Frank Hatch in April St. Albans Wal-Mart and water program couple years. I knew he didn’t want to leave the 2010, and former VNRC Chair Carl cases. When VNRC was looking for a conversation. I stood up to hug him goodnight. And Reidel on November 3rd, 2011. Art, as location for its Burlington of ice in 1998, as we embraced, he held me tight and whispered in Chair of the House Natural Resources Mark offered space in his building on 87 my ear, ‘Keep up the volume, I want to hear you all and Energy Committee, led the College Street. Mark also hosted a upstairs.’ committee appointed by Governor number of VNRC retreats at his Sand Bar Deane Davis that drafted the proposal Inn on the shore of Lake Champlain in “His last words keep coming back to me, as more that would become Act 250 in 1970. South Hero. than a passing personal request. I think of those George was a staunch advocate for the words now more as an appeal to all of us…and so I environment as Chair of the Senate Terry Ehrich Dale Guldbrandsen was VNRC’s Chair say, Seward, I can assure you, we will keep up the Natural Resources and Energy from late 2002 to 2006. Dale was an organizational volume.” Committee and late a valued VNRC board member. consultant from Manchester who worked throughout Frank and his family have been strong and consistent the United States. His talents were put to good use at The Annual Seward Weber Lecture Series honors supporters of VNRC since its earliest years. VNRC where he oversaw changes to the governance Seward’s life. structure and the development of a strategic plan.
The Terry Ehrich Film Series honors the memory of Carolyn Kehler chaired VNRC from 2006 to 2010. Terry Ehrich, former VNRC Board member, Carolyn represented Pomfret, Barnard, Quechee, and Environmental Board member and publisher of West Hartford as a state representative from
_ 100 1992-2000. She served as organization.” The Advisory Committee included: Dean, Ruth Dwyer, and Anthony Pollina, VNRC has Director of State Affairs Maude Barlow, internationally acclaimed advocate sponsored its gubernatorial debate on the for the Vermont Student for clean and plentiful water; Bill McKibben, author, environment every two years. VNRC has chosen to Assistance Corporation environmental activist and founder of the “350.org” “piggy-back” these popular events with its annual from 2000 to 2005. She international climate campaign; Will Raap, Founder meeting, and attendance has been well into the holds a strong belief in of Gardener’s Supply and the Intervale Center; and several hundreds for each. the connectedness of Gus Speth, former Administrator of the U.N. human life and nature. Development Programme, founder of the World VNRC and other groups host an annual Citizen Action Carolyn Kehler Resources Institute and co-founder of the Natural Day, usually in February during the legislative Kinny Perot joined the Resources Defense Council. session, to educate Vermonters on the pressing VNRC Board in 2007and has served as Chair since environmental issues and lobbying techniques and October 2010. KInny has been President of Friends At the 2011 Annual Meeting Elizabeth Courtney bring them face-to-face with their legislators in the of the Mad River since its founding in 1991. She stepped down as Executive Director after 14 years to State House. Similarly, the annual fall Environmental represented the towns of Granville, become VNRC’s Legacy Project Director. Action Fayston, Warren and Waits ield in the She handed over the reins to Brian Conference General Assembly from 2000 to 2004. Shupe who had been VNRC’s Deputy has been She has also served her community as a Director and Sustainable Communities successful in Warren Selectboard member and as Program Director. Kate McCarthy joined bringing Warren representative to the Mad River VNRC in the the latter position shortly together Valley Planning District. after. large numbers of In 2009 VNRC established an Advisory VNRC Events and Innovations Vermonters Committee to “bring broad and Beginning in 2000, with the three-way “for a day of extensive additional expertise to the contest between Governor Howard inspiration, Kinny Perot Environmental Action Conference Graphic
_ 101 The Third Millennium: Coming of Age in the 21st Century Amidst New Challenges
skill building and networking to help create healthy, played a signi icant role in passage of renewable VNRC/VLCT study “The Tax Base and the Tax Bill, sustainable communities in Vermont.” energy, downtown development and other legislative and provided helpful information to Vermont initiatives with tax policy provisions. communities on the tax implications of growth and “VNRC Across Vermont” - summer land conservation. hikes, paddling trips, panels and One of the top priorities of the forums – organized by Matteo Burani Coalition was achieved in 2002 with From Dispatches to Twitters, What Next…? brought lots of Vermonters together to the elimination of the sales tax It's no surprise to anyone that the way we get explore, learn and have some fun. exemption for non-agricultural use of information has changed dramatically in the new pesticides and fertilizers. Prior to 2002, millennium, and even more so in the past 3-4 years. In 2006, VNRC began to publish the there was no sales tax on these In general, there has been a strong migration to Vermont Environmental Index in most products, thus, in addition to the electronic means of communication. These digital editions of the VER. The index, farmers for which the exemption was communications tools have taken several forms, modeled after the index in Harper’s originally intended, commercial lawn many of which VNRC has utilized and with which we Magazine, notes particular trends in applicators, golf courses, ski areas, are continually experimenting. It is unclear how this Vermont such as: number of Vermont industrial interests, and homeowners transition will "sugar off" but VNRC anticipates that organic farms in 1996 – 150 and in bene ited. Under the legislation, an active digital communications strategy for non- 2006-400 or square feet of Wal-Mart farmers continue to be exempted from pro it organizations like VNRC is going to be key now stores in Vermont 1994 – 0 and in the tax, but all other sales are subject to and in the future. 2006 – 295,000. the tax. In addition to our traditional paper communications The Vermont Fair Tax Coalition also co-sponsored VNRC partnered with the Vermont League of Cities products, like the VER, Legislative Bulletin and twice- with Vermont Law School a major statewide and Towns to produce “The Land Use- Property Tax yearly appeals, VNRC is now using additional, digital conference in December 2000, “Are Green Taxes a Connection in 2002. The report, prepared by Deb tools to communicate with our members, allies, the Solution for Pollution?” Led by VNRC, the Coalition Brighton and Brenda Hausauer, updated an earlier media and the public generally. For example, in 2008,
_ 102 VNRC began to use short video clips (called Dispatches from the Statehouse) to communicate messages on VNRC’s web site relating to our legislative advocacy and other topics. In 2009, our staff and VNRC itself stepped up the use of Facebook to communicate about our positions on issues, our events, and key news coverage relating to energy and the environment. In 2010, began using the "Twitter" messaging system to send bursts of short pieces of information to our members, businesses, state government of icials, lawmakers, other advocates, and the press.
Communications Director, Jake Brown said: “We expect this broad and exciting digital trend to continue, and we are fully engaged in it. While we see great potential in the digital tools, we also believe that VNRC should continue to communicate via traditional, paper-based means, as well.”
_ 103 _ 104 right balance of lands to Overall, the final forest be designated in the more plan offers a mixed bag of VERMONT permanently protected status management decisions. VNRC of wilderness. will continue to study the plan PERSPECTIVE The Forest Service found in depth this summer. Please that 124,321 acres on the visit www.vnrc.org for ongoing GMNF were available to be coverage of this issue. considered for wilderness designation, where nature PROTECTING BEAR primarily runs its course. GREEN MOUNTAIN rate of 16.4 million board HABITAT feet of timber to be cut on VNRC has advocated for NATIONAL FOREST the GMNF, which is higher 79,200 of these acres to beright balance ofOver lands tothe winter,Overall, VNRC the final forest PLAN UNVEILED than the 10.3 million board designated as wilderness be designatedsuccessfully in the more haltedplan a offersplan a mixed bag of Vas partERMON of a proposalT from permanently protected status management decisions. VNRC feet that has been cut on an of wilderness.by Central Vermontwill continuePublic to study the plan On March 22, 2006, the average annual basis over theP ERSthe PVermontECTIV WildernessE The ForestService Service Corporation found in depth (CVPS) this summer. to Please U.S. Forest Service released Association. that 124,321 acres on the visit www.vnrc.org for ongoing past 44 years. Furthermore, GMNF werebuild available a new to be utility coverage line through of this issue. its final management plan the Forest Service has The final plan, however,considered a for regionally wilderness important black for the 400,000-acre Green suggested longer timber only designates 27,473 of designation, where nature PROTECTING BEAR primarily runsbear its travelcourse. corridor known as Mountain National Forest GREEN MOUNTAIN theserate acresof 16.4 asmillion new board wilderness, HABITAT harvest rotations for certain feet of timber to be cut on VNRC hasthe advocated “Sage for Hill Corridor” in NATIONAL FOREST with a concentration in the (GMNF). Located in management areas, which will the GMNF, which is higher 79,200 of Strattonthese acres toand be Jamaica.Over VNRC the winter, VNRC southern and central Vermont, PLAN UNVEILED Glastenburythan the 10.3 Mountainmillion board area.designated as wilderness successfully halted a plan allow for recreational settings as part of ajoined proposal several from other parties, VNRC logo 2002 VNRCthe national logo forest 2003 attracts Thefeet Forest that has Servicebeen cut on does an by Central Vermont Public with older andOn larger March trees. 22, 2006, the average annual basis over the the Vermontincluding Wilderness the StrattonService CorporationArea (CVPS) to thousands of visitors each In a disappointingU.S. Forest Service released allocatepast 44 anotheryears. Furthermore, 30,930 acresAssociation. Citizens Committeebuild anda new the utility line through year, providing exceptional its final management plan as Remotethe Forest ServiceBackcountry, has a The final plan, however, a regionally important black decision, thefor final the 400,000-acreplan allows Green suggested longer timber only designatesWindham 27,473 of Regional bear Planningtravel corridor known as recreational opportunities ATV trail corridorsMountain toNational be Forest designationharvest rotations that for promotes certain these acresCommission, as new wilderness, to opposethe “Sage Hillthe Corridor” in for hunting, fishing, skiing, (GMNF). Located in wilderness-likemanagement areas, conditions. which will with a concentration in the Stratton and Jamaica. VNRC considered onsouthern 45 percent and central of Vermont, Glastenbury4,800-foot Mountain area. utility line, which hiking, camping, and wildlife Unfortunately,allow for recreational this settings designation joined several other parties, the GMNF. theVNRC national believes forest attracts with older and larger trees. The Forestwould Service doeshave been includingbuilt through the Stratton Area watching. The GMNF is this is a misguidedthousands policy of visitors each only Inreceives a disappointing temporary allocate anotherthe center 30,930 acresof the Citizensbear travel Committee and the home to a variety of plants, year, providing exceptional statusdecision, under the finalthe plan life allows of the as Remote Backcountry, a Windham Regional Planning decision, whichrecreational threatens opportunities to ATV trail corridors to be designationcorridor. that promotes Commission, to oppose the animals and important natural open the nationalfor hunting, forest fishing, to skiing, planconsidered and does on 45 not percent achieve of wilderness-like Inconditions. the early 1990s,4,800-foot VNRC utility line, which communities and it provides hiking, camping, and wildlife thethe permanent GMNF. VNRC protection believes ofUnfortunately, this designation would have been built through potentially damagingwatching. The and GMNF is only receivessecured temporary protection for the Sage VNRC logo 1998-2002 Vermonters with clean water, congressionallythis is a misguided designated policy the center of the bear travel intensive useshome of theto a varietyforest. of plants, decision, which threatens to status underHill the lifeCorridor of the as mitigationcorridor. plan and does not achieve timber resources, and the The overwhelminganimals and majority important natural wilderness.open the national Promisingly, forest to on for a major residentialIn the early 1990s, VNRC chance to experience quiet communities and it provides Aprilpotentially 8, 2006, damaging Vermont’s and the permanent protection of secured protection for the Sage of public commentsVermonters submitted with clean water, intensive uses of the forest. congressionallydevelopment designated by theHill CorridorStratton as mitigation backcountry solitude. to the Foresttimber Service resources, — over and the congressionalThe overwhelming delegation majority wilderness.Corporation Promisingly, on calledfor thea major Sun residential The final management chance to experience quiet introducedof public comments the Vermont submitted April 8, 2006, Vermont’s development by the Stratton 90 percent —backcountry did not solitude. support congressionalBowl delegation project. In the Act 250 plan zones the GMNF into Wildernessto the Forest Act Service of —2006 over to Corporation called the Sun opening the forestThe final to managementATV 90 percent — did not support introducedproceeding the Vermont for thatBowl project, project. In the Act 250 plan zones the GMNF into Wilderness Act of 2006 to designated uses for the next use.VNRC Unfortunately, logo 2004-2006despite permanentlyopening the forest protect to ATV 48,161 both the Vermontproceeding Department for that project, 15 years. Over the past four designated uses for the next acresuse. onUnfortunately, the GMNF despite as newpermanently protect 48,161 both the Vermont Department the best possible15 years. intentions Over the past of four the best possible intentions of acres on theof GMNF Fish asand new Wildlife of Fish and and the Wildlife and the years, VNRC has advocated Forest Serviceyears, employees, VNRC has advocated they wildernessForest Service (see employees, article they on backwilderness District(see article 2on Environmental back District 2 Environmental for a final plan that balances for a final plan that balances cover).will likely lack the resources cover). Commission recognized will likely lackthe the availability resources of land for they need to properly manage Commission recognized the availability of land for they need towildlife properly management, manage diverse and enforce ATV use on the wildlife management, diverse and enforce ATVrecreational use opportunities,on the GMNF. recreational opportunities, timber and wilderness In a positive move, the GMNF. designations. plan provides numerous timber and wilderness In a positiveOverall move, the theForest Service’s special area designations designations. final plan offers a strong including the Moosalamoo plan providesopportunity numerous for timber Recreation and Education Overall the Forest Service’s special area designationsharvesting and wildlife habitat Area, the ecologically diverse final plan offers a strong management on the GMNF. Escarpment Management including theThe Moosalamoo final plan allocates 61 opportunity for timber Area, and improved acreage Recreation andpercent Education of the forest to for Ecological Special Areas harvesting and wildlife habitat Area, the ecologicallyareas where openings diverse can and old-growth retention. management on the GMNF. be created to benefit species The final plan, however, Escarpment Managementthat are hunted, like deer weakens the requirement to The final plan allocates 61 Area, and improvedand woodcock. acreage The plan also monitor and manage for viable calls for an annual harvest percent of the forest to for Ecological Special Areas populations of wildlife species, and it does not achieve the areas where openings can and old-growth retention. be created to benefit species The final plan,4 however, Spring 2006 • Vermont Environmental Report 2000 2001 2002 2003that are hunted, like deer weakens the2004 requirement to 2005 and woodcock. The plan also monitor and manage for viable Sales Tax Exemption for calls for an annual harvest Northshore Wetland populations of wildlife species, Tinmouth Channel Wetlands Non-Ag Use of Pesticides Wal-Mart Applies andfor it does not achieve the Sage Hill Bear Corridor Designated Class I Designated Class I and Fertilizers Eliminated Permits in St. Albans Permit Reform Passes Protected 4 Spring 2006 • Vermont Environmental Report Vermont Legalizes Civil Unions Terrorist Attacks on World Department of Homeland U.S. Invades Iraq Red Sox Win First World Kyoto Treaty for Reducing for Same-Sex Couples Trade Center & Pentagon Security Created Series in 86 Years CO2 Emissions Goes Into Effect Without U.S. Support !"#"$%&'()*+,-+."&%/+ VNRC logo 2006-present VNRC logo 50th Anniversary
Forest Roundtable Meeting Labor Day 2006 Climate Change Rally Forest Roundtable Formed 2006 2007 2008 2009 2010 2011 2012 Labor Day Climate Coburn Road Elizabeth Courtney VNRC Change March and Groundwater Declared VNRC on Facebook Swimming Hole Steps down as E.D. Celebrates Rally Seward Weber Dies a Public Trust and Twitter Protected after 14 Years 50 Years
California Becomes the Supreme Court Rules that Over 1 Billion Gallons of Copenhagen Climate Talks BP Oil Spill World Population Weird Weather - Linked First State to Cap States May Regulate Toxic Coal Fly Ash Sludge End Without Binding Reaches 7 Billion to Climate Change Greenhouse Gas Emissions Greenhouse Gases Spill from TVA Holding Dam Agreement to Replace Kyoto Tim Newcomb
“I believe that Vermont is, at its core, a bastion of health and sanity, a beacon of hope, a ‘Noah’s Ark’ for the 21st century.” -Elizabeth Courtney Voices from the Past – Visions for the Future
Between 2008 and 2012 several people were Chair (1998-2000) accomplished through collaboration and negotiation interviewed and asked to comment on what they saw than through litigation. Again, there are times where as VNRC’s role since its founding in 1963. What have What VNRC really has going for it is its longevity. It’s strategically you have to draw the line in the sand. been the organization’s contributions to and value to a very reasoned voice. It’s not to say that it won’t But you can do it in a way that maintains, keeps the the state of Vermont? How can VNRC be of value in take some really exciting controversial positions, but doors open to other interest groups in society and the future – over the next ifty years? it’s reasoned, it’s highly respected, it has good government, so you can still do that other kind of science behind what it does, and it’s that coalition – work. Virtually all of those interviewed had ties to VNRC in it really is a council – if we can even strengthen the one form or another since its earliest days. council part of it. So if I were to look at the long term of where can Presented here are the highlights of some very in- VNRC have the greatest impact, I think its greatest depth perspectives, rich in Vermont and VNRC lore, Vermont’s a really special place, and impact can be on collaborative that reveal a good deal VNRC and others always need to be relationships – building off of common about the growth of the there to remind us of that. That’s where ground and addressing disagreements state’s environmental I see a very strong use of the past with some understanding and respect. movement. history of VNRC to remind us of what we Which is hard to do in a litigation need to protect and take care of. context or a public hearing if you haven’t The interviews were worked things out ahead of time. It’s conducted and edited by Darby Bradley – Vermont Land Trust, just the nature of things. Stephen Holmes. Former President / VNRC Assistant Director & Staff Attorney (1974-1982) Maybe it’s a bit pollyannaish, but I Mary Ashcroft – Attorney / continue to feel as I did with my irst State Representative I happen to think that Vermont is a place days in Vermont that it’s a place, (1980-1982) / VNRC Board where in the end a lot more gets because of its size and accessibility to Mary Ashcroft Darby Bradley
_ 108 people, that we can deal on a person to person basis different environmental organizations all competing inside that in the tiny center is economy. But you rather than an institution to institution basis, and I for limited dollars in the state. So, VNRC’s got a great can’t have an economy without social fabric, and you think that’s essential. niche in policy leadership work and I think that’s a can’t have either an economy or social fabric without good role for them. air to breathe and water to drink. Hollis Burbank- Hammarlund – Non-Pro it Susan Clark – VPR I think that VNRC has the stature and the history and Executive and Land Commentator / Former the gravitas to be the voice that says: “Well yes, we Planner / VNRC Board VNRC Board Member and do care about the social issues. That’s why the Chair (1994-1997) Vice Chair (2001-2003) / Housing & Conservation Trust Fund is important. VER Editor (1985-1992) And we do care about these economic issues, and I look at VNRC very much that’s why we’re doing the work in the northern the way I look at …the I like the idea that you have forest to make sure that loggers there will still have Natural Resources Defense to look at the environment work there but do it in an environmental way. Yes, Council. Really - willing to and economy and social we care about all these things, but we need to take a stand, wanting to do Hollis Burbank-Hammarlund issues - that you can’t think Susan Clark remember that in the end the environment is our the hard work, willing to about the environment as home. This is our home, for everybody who is here. put their reputation on the line, willing to go to isolated, and your readers and members can’t either, So this is the bottom line. You know, there is no court. and they won’t, and neither will the legislators. So it bottom line below this line.” And to be the voice that seems to me that it would make sense for VNRC to says that is a role for VNRC. I think that ighting the good ight is a role for VNRC. always be talking about the balance of those three. And, you know, being the activist, taking on the tough cases that others won’t. And I think that’s a It’s actually that the environment holds it all, and necessary role. I think it becomes more dif icult with inside that you can talk about social issues, and
_ 109 Voices from the Past – Visions for the Future
Elizabeth Courtney – In an age of globalization, Vermont, Director (1994-1996) VNRC Executive Director ironically, is leading a movement toward (1997-2011) localization. With paralysis at all levels of I think VNRC has both the power and the government, local actions are the stage wherewithal to perhaps be more of a convener, There are those today who upon which the policies of tomorrow are which sometimes has to temper your advocacy. believe that human life on being established today. earth is unsustainable if It’s not that I think VNRC hasn’t accomplished a lot we continue to live our What we have been building over the by sticking to its guns and being on point, because it lives as though our decades in Vermont, with vision has. resources were in inite. persistence and hope, looks a lot like an ark. And in this global world of VNRC does have a proud history and has As for me, I believe that Elizabeth Courtney interconnectedness, a good idea travels accomplished a lot in Vermont. After 50 years, Vermont has the resources fast. I believe you’ve got plenty of years to say: “…we’re an to sustain life during the age of climate change and that if we continue to lead, institution of this state.” Your history should never over-consumption, and the strength of character to it is very possible that hinder looking to the future and what you’re going to carry us into a new age where we will have learned there will be many a do, and what needs to be done, but it’s a irm to live within our ecological limits. I believe that we “Noah’s Ark”, as we learn to foundation on which you can stand to do that. And I are in, as Bill McKibben puts it, “our almost-but-not- live sustainably on this don’t think it was part of the culture of the quite- inally hopeless-predicament.” I believe in the beautiful, little planet. organization when I was there. And I think it’s “not-quite- inally hopeless” part. something that VNRC has to be very proud of. Jane Di ley – Society for I believe that Vermont is, at its core, a bastion of the Protection of New health and sanity, a beacon of hope, a “Noah’s Ark” Hampshire Forests, for the 21st Century. President / VNRC Executive Jane Difley
_ 110 Monty Fischer – The what’s important but it’s stayed true to its roots – Nat Frothingham – The Center for an Agricultural you know, it still cares about forestland, it still cares Bridge, Newspaper Editor Economy, Executive about ag land, but it cares about land use. And now & Publisher / VER Editor Director / VNRC Executive it cares about climate change and other external (1975-1978) Director (1985-1988) factors, which we have to deal with in the state, though we’re part of a bigger region. Recognizing I didn’t feel that the council Always celebrate the the energy situation for example. You can’t always was as global in the early victories of the past - what measure the impact of VNRC, but it’s there. days as I would have liked worked in the past? (But) it to be, and I think it has you don’t want to be a The sub-context is partnerships. It’s really important become more global – its prisoner of the past. these days to think who you’re allying yourselves vision is now more Nat Frothingham with to get the job done. comprehensive. The people that have gone Monty Fischer before were smart people, There may be partnerships tomorrow that VNRC We haven’t really reached out to main street the way just like the people there today are smart people on may not have thought about because the world is we need to. I think the environmental movement is the staff and the board. They fought campaigns or changing so much around us. I don’t know what they still in the head, largely abstract, still largely a did things that had success and resonated, and it’s are right now, but that’s a fun thing to think about, projection of someone who went to college. I think always important to recognize that and to take and let’s just REALLY get weird about it – think we really need to ind ways to reach out to people strength from that and think about it in today’s outside the box. Where are the partnerships of the who do all sorts of work, people who work on world. future? highways, people who build bridges, people who farm. We need to make contact with, and listen to, I think the legacy of VNRC is that it has changed over and involve and communicate with, folks throughout the years based upon the situations, which is why our society who may or may not be high school or VNRC has succeeded for ifty years. It’s igured out college graduates. I’m not certain how we’re going to
_ 111 Voices from the Past – Visions for the Future
do that, but we need to do that. It’s a great big of the future. Environmental protection provides Sustainable would have been sustained; protecting problem in fact. We are still talking to each other. security in a world that is vulnerable to dependency the environment would be second nature to all on fossil fuels; it provides health to people who are Vermonters. That day may still come, but it is hard to Dale Guldbrandsen vulnerable to industrial food and disease; and it see it happening in the next 50 years. provides a lifestyle that is the "new cool". One goal at VNRC during VNRC’s presence will be necessary as Vermont the next decade should be Educating the public, and partnering with business grows, inevitably and with increasing pressure on its to strongly reframe the and other organizations to achieve this goal should natural resources. Connecting people and the places environmental message. be our direction for the future. in which they live will be critical. Though technology Environmental protection has, and will continue to change the methods of provides the vision for Stephen Holmes - Worked communication, VNRC would be well-served to building a future far better for VNRC from 1991-2011 preserve the experience of face-to-face contact with than our present. as Southern Vermont the citizenry. Environmentalists Program Director: represent the politics of the Sustainable Communities VNRC’s greatest strengths over the past 50 years present and future, while Dale Guldbrandsen Program Director; Deputy have been the trust it has inspired and its consistent those who oppose Director: Acting Executive ability to speak truth to power. These will continue protecting the environment represent the politics of Director; and Consultant. to anchor its contributions in the future. the past. I used to envision a day Environmental protection provides the path to when environmentalists in prosperity through clean power, green building, Vermont would be out of public transportation, recycling and retro itting; it work; a day when we didn’t provides the new jobs to power the economic engine even have to use the term. Stephen Holmes
_ 112 Don Hooper – National I think VNRC has won its credibility the hard way, elitist in a way; that elitism drives working people Wildlife Federation, just by doing it day in and day out, in a non- nuts. Regional Representative / lamboyant, non-risky way… did their homework… Vermont Secretary of State didn’t jump off any cliffs. And then I think if there’s I believe that VNRC on some of these other issues has (1993-1995) / State anything that VNRC ought to do better in the next 50 always had that notion that you’ve got to work in Representative years, take a little more credit for what it is you’ve concert with what the most reasonable, thoughtful (1985-1993) / VNRC achieved. What you’ve spawned. And why you’re the parts of society are thinking and doing and work Assistant Director & shortstop. You’re the key in ielder for conservation. with them. And to the extent that you forget that Operations Director We’ve probably got 30 groups, half of them out of that’s your base, I think you end up being in peril of (1979-1984) Montpelier now, and most of them all in some polarizing the issue, and then I don’t think we win Don Hooper indirect way owe their credibility, their ability to because mostly we govern from the center, even in So the future I would say – raise their funds and all that stuff, to VNRC kind of Vermont. cling tenaciously to your good reputation because blazing the trail… setting the standard and doing it you can’t get it back very easily. right. I’d say do more of what you’re doing and crow about it a little more. I think you’re maybe a little too self- I think you need to continue to do your state stuff If an issue as big as global warming for example is effacing as the premier better than anybody, because you’re really going to succeed we can’t get too far out ahead of the land and water advocate indispensable. You’re the only ones who are really public. The public is not going to be sympathetic to a for the future of Vermont. trustworthy. whole bunch of new lifestyle changes and restrictions and regulations and spending that they Carolyn Kehler – State I think VNRC has gotten more politically don’t see as necessary unless there’s a public Representative sophisticated over the years. education campaign that goes with it, and if we (1992-2000) / VNRC Board polarize the issue by being too insistent, or too far Chair (2007-2010) out in front, or too bad about our rhetoric, or too Carolyn Kehler
_ 113 Voices from the Past – Visions for the Future
I think the world has really, really changed, and - Everybody wants to do something. I feel very looking at VNRC – I think we’re going to solve the strongly that whatever VNRC does, that they I think there’s a very signi icant tie between poverty, problems by having good rules, but I think the shouldn’t jeopardize their relationships and their hunger and local agriculture. And I think that’s got problems are going to have to be solved almost work in the legislature. It has to add onto that, to be better understood and better supported. individually... It makes a difference if I turn my heat because I think if we lose that I don’t think there’s down… It makes a difference if I just go to town one anybody else. And I think that the education has to And to the extent that local food systems can be day a week as opposed to three days a week. be collaborative, you know, with whatever it is. You harnessed to help feed people that would be a pretty pick who the partners are. signi icant undertaking …The environmental And we have our own language but we don’t speak movement has to be joined up with social justice. To the foreign language yet. And I think that’s part of I think our answers are in technology. We really the extent that it remains isolated from social justice the challenge. have got to learn how to use the technology. issues, I think the environmental movement will utterly fail in really grasping hold of issues related to And I think also part of the challenge going forward If you pick good people and let them do their work climate control, energy, so forth and so on. And I is the vision. We need to have a conversation about that’s a management style know this brings an environmental organization the next hundred years, about what that vision is. that can be very successful. perhaps into a less comfortable realm, but It’s going to be around food, and it’s going to be nonetheless justice and equity issues are central to around energy and it’s going to be about strong Mark Lapping - Muskie the success of environmental measures – pure and communities and a healthy environment. I think we School of Public Service - simple still have to ask the question for the economy, is it University of Southern going to enhance or sustain the environment? And Maine, Executive Director I think power, energy, transportation - they’re all a get that into everybody’s head. and Distinguished piece. I’d maintain a focus on land quality and land Professor of Public Policy use. We have to igure out what does VNRC do? I think and Management / VNRC everything’s popping up like wild lowers and weeds. Board Chair (1979-1980) Mark Lapping
_ 114 I don’t think there are many more important issues need more of those things; we just need to have more landscape with the needs of human and natural for now and in the future than the quality of water. assurance that what we value about this place gets communities. Water will be the trump card of the future. Of that I better rather than worse, and that’s where our have absolutely no doubt. growth needs to come from. I can’t imagine living a life without a connection to nature. So I think we need to ind ways to have We are seeing wars literally over resources. They’re I thought when I irst went to work at VNRC that we classic Vermont villages and rural landscape – it’s happening. And one of the key resources, if not THE could see a future when what we had to produce and precious, it’s what we all value. key resource, will be fresh water. offer in Vermont would be valuable to the world again. When our heritage, our skills, our work ethic I’d like to say that it was a tremendous opportunity David Marvin – Butternut and our land and water -- we have abundant free for me and a gift really for me to be involved WHEN I Mountain Farm, Owner / water - and pretty good soil, when you move the was and HOW I was, and it’s been fun to watch it and VNRC Board Chair rocks away from it - and a decent amount of stay in touch over the years and to see how many (1976-1978) sunshine --someday the world would really come to offspring there are in many value what we had here, not just for its beauty and… ways. So, I guess that’s I’ve always believed that as a place to live but because these are precious about it. We’re very growth is really something resources for all time. And I think we might get fortunate that there were that’s important and it’s there. people before my time that probably ingrained in really cared enough to put human nature, but it is So in terms of work on the ground I think for me, the this all together. measured all wrong. It’s roots of the organization are still incredibly David Marvin not about bigger in terms important and provide a great anchor, and the Art Ristau – Former of more stuff and more money and more people, but working landscape is a place where we can make a Vermont Secretary of it’s about quality and that Vermont has this big difference in balancing the needs of the working Administration / VER opportunity to show how that can happen. We don’t Editor (1971-1972)
Art Ristau
_ 115 Voices from the Past – Visions for the Future
steadfast in maintaining the basic core of Act 250. I think the third thing is education… in the broad You know, the VNRC is almost sancti ied – it’s holy sense of trying to educate the public about what is bread as far as Vermont public policy is concerned. It wouldn’t have survived without VNRC, you know? happening, what the concerns are, what the needs It’s in a very, very enviable position. are. Warner Shedd – National I think it’s been a terri ic force. Wildlife Federation Looking into the future, I don’t see any reason to Regional Executive think that you won’t need to do those (three) things You have to get the hunting and ishing community (1969-1990) then. You can become stronger, you can become engaged. They’re the ones that really ought to be the better funded, you can have more staff, all of those voices and the advocates for conservation, for land I think probably foremost things. You could have use, for pollution control. is your legislative advocacy maybe even a bigger – that has been very potent presence in the Statehouse Mark Schroeder – Former and very important and it’s than you do now. VNRC Board Member and helped get a lot of good Treasurer (1989-1990 & legislation passed and bad Anyhow, I’m happy to 1997-1999) legislation stopped, or at testify if anything comes up Warner Shedd least watered down a lot so or you really need me. Act 250 should remain one it’s not terribly destructive. That’s probably number of the core issues of the one. Brian Shupe – VNRC future. Executive Director (2011- Your legal work, which is also very important, is also present) (VNRC) has been totally unfortunately necessary. That’s the second thing. crucial in Act 250 and has Vermont is different than been very strong and most other states in many
Mark Schroeder Brian Shupe
_ 116 ways because of its scale. Our communities – even with local and state governments and other non- have a choice but to build upon the Vermont scale our largest cities – require daily interaction with our pro it organizations have de ined much of our work, that will continue to function as Anywhere USA fails. neighbors. This is also true of our institutions. Most and VNRC should continue to work through VNRC will play a key role in continuing to defend the of our local governments are run primarily by partnerships to achieve shared goals. state from out of scale change, preferably through volunteers, and our representatives in Montpelier collaboration with many partners, and will help can’t (and seldom try to) avoid regular interaction VNRC has not, however, allowed collaboration to transition the state to a time where such ights will with their constituents. Citizens can in luence, if not come at the expense of principle. Some of VNRC’s no longer be necessary. control, the levers of power on many matters of de ining moments have involved opposing misguided public policy in Vermont. plans and defending Vermont – its communities, Tom Slayton – Author, small businesses, and natural resources – from VPR Commentator, Former Scale is not only important to the state’s social and change and development proposals that are out of Editor Vermont Life political structure, but to Vermont’s physical scale with the state. magazine / VNRC character as well. Our communities were designed contributing writer for people, not automobiles (although, unfortunately, In the coming years, two external factors will shape that original intention has been increasingly VNRC’s work, and they both relate to scale. First, the If you start with research neglected). The natural world is readily accessible external pressures to transform Vermont into as your foundation, if you and integrated into our communities, and food Anywhere USA have been constant since VNRC was have scienti ic facts, production remains up-front and personal to many founded, and are supported by ever increasing economic facts at your Vermonters, who literally know where at least some inancial support from both inside and outside the disposal, there’s a lot of of their food comes from. state. The big-box phenomenon and associated strip disinformation that’s put development outside traditional centers is one out about environmental Tom Slayton Because of the scale of our institutions, most issues example of that. At the same time, peak oil and issues and having good cannot be addressed from an attitude of us versus climate change will require the state to rethink facts and sound information, good authorities you them: collaboration is important. Our partnerships whether bigger is better. Ultimately, we may not can go to, is enormously important. I can see VNRC
_ 117 Voices from the Past – Visions for the Future
in the future performing that function in cooperation I’m glad VNRC has existed and I think it’s made an You look at the people on that board who worked with other environmental groups. enormous difference, and I hope it has an active and together: Perry Merrill, Justin Brande, Dick Brett - vigorous life in the next 50 years. And I hope we can they were just amazing leaders. VNRC can help establish the groundwork for keep Vermont green and beautiful and have more (environmental decisions) by education: I think days like today. They didn’t do it as elitists, they did it as true that’s a hugely important thing. You can help build a conservationists. You know, that’s why Vermont is constituency for the environmental issues of the Bill Stetson – such an important resource. And it’s too bad they coming decades, the coming half-century and Businessman, ilm couldn’t convince more of the ski areas. century. producer, environmental policy advisor You’ve (VNRC’s) been involved in all the major People love Vermont; they love it deeply and yet they (environmental) legislation - and the creation of the need to connect with it in some way, and they need Those early Board entire movement. to make a living. I think by educating people about members before VNRC had the subtleties of the issues, the enormous richness of an infrastructure, had a So it becomes the history, it becomes the history of the environment that exists here in Vermont, and the staff or anything, could talk the laws… it becomes a real practical bene its – whether it’s long-term so well across the aisle - really great tool. All the economic value or watershed protection, or some were Republicans, institutions will use it. whatever – the preservation of Vermont's character but some were new is intangible but it’s also very real in economic value. Democrats, who were Bill Uptegrove - And educating people about those facts can build a going through the Bill Stetson Environmental Activist / constituency that can help you advocate and make a transformation of leaving VNRC Board Member real difference in the statehouse and around the behind the old Republican party, and they got along (1985-1990) state. so well with Deane Davis. When we had technical Bill Uptegrove
_ 118 questions, or needed political support, we often creeping up on us, and we don’t know all the mosquitoes, black lies, whatever. Because this turned to the VNRC for help of that sort. Over the repercussions and spin-offs of this. Just for example, warming trend has tremendous rami ications. years, it’s meant a lot to us. one of our graduate students at UVM went back and looked at the data we had on Camel’s Hump - most of I think VNRC has a very good reputation and a good I also think that for us, and probably all over the it was gathered in 1964-65. And he went back, and track record on addressing these issues. And the state, the environmental bulletins have been between 1965 and 1995, the hardwood forest has constant pressure that VNRC can put on the extremely valuable. I think that some wonderful moved upslope 400 feet. And that is a huge legislature, that’s how you make it happen. Push, information has been put out for general difference. Now, what that means in terms of push, push. And so that’s what I see. My concern is consumption on environmental matters in the VNRC forestry practices. It’s entered our state, the climate that we don’t try and do too much. I worry because bulletin. is changing, and it’s going to have an impact on there are all these problems that keep arising, and if agriculture – we’ve already had to change the life you take on too much you diminish your resources, Hub Vogelmann – zone, the USDA has moved us into a warmer climatic and you can’t do everything. Professor Emeritus of zone – this was a couple years ago. The maple Botany, UVM / VNRC industry is affected - it used to be that sugaring Bren Whittaker – Former Founder and Board started the irst week of March. It was around Town Secretary, Vermont Agency Member Meeting Day when they started to tap the trees. of Environmental They’re tapping them now in February, it’s moved up Conservation / former I think the truly pressing a week to ten days, and it’s also shortened it. And the VNRC Board Member, VNRC issues are global warming, time you stop tapping the trees, it’s about a week Northern Forest Project energy, and water. All three shorter than it used to be, so it’s all being Field Director (1992-1996) of those are important. compressed. These are the kinds of things that are The climate change is happening, and we don’t know all the other My understanding is that probably the most serious repercussions of this warming. Things like insect VNRC has still not reached of all of them because it’s populations, what’s it going to do to those? More the average working Bren Whittaker Hub Vogelmann
_ 119 Vermonter. A mark, I won’t even say a failure, of the Even the most hostile member of the Fish and Game a chipmunk, it doesn’t matter. Especially children. whole environmental movement is that it still could Committee sees you have credibility. That is just And I’d love to see the organization begin building be termed elitist. And we all struggle with this. We golden. that educational context better. want to reach out, and I’m so pleased VNRC … (has) tried to work with the ish and game, the hook and Steve Wright – National I see it as adding a public face to VNRC, and removing bullet people. VNRC has been a magnet to gather the Wildlife Federation, former that notion that so many people have that VNRC is forces – thank god – who care about Vermont in that Regional Representative / part of government. sense. former Vermont Commissioner of Fish and I think one thing in the future, on the environmental Wildlife front - which is everything today - VNRC can be that responsible one; keep citing the facts, what do the I want to see VNRC studies show. devoting more resources and more energy to Instead of talk radio or right-wing religion, where building an educated you can say anything and it becomes a fact, at times populace. the non-dramatic work of VNRC in upholding what Steve Wright do the numbers and facts show us is so key. And it’s One of the things that I ind a long, painful process, but in the long run it’s got to in my interactions with people, whether I meet them be. Keep at it, and do it responsibly, and in the end it on the ski trail or I meet them on the trout stream, or turns out. I meet them wherever, is that they are almost always without fail fascinated by ish and wildlife resources. Fascinated by the sighting of a mink or a moose, of a wood duck or a woodcock. Doesn’t matter. Trout, or
_ 120 VNRC Executive Directors
1963 1964 1965 1966 1967
Richard M. Brett† Justin Brande†
1968 1969 1970 1971 1972
Justin Brande† (becomes first E.D.) Seward Weber
1973 1974 1975 1976 1977
Seward Weber
1978 1979 1980 1981 1982
Seward Weber
Don Hooper*
1983 1984 1985 1986 1987
Seward Weber Louis Borie R. Montgomery Fischer
Don Hooper*
_ †: Chair (before E.D. established) * Acting Executive Director 121 1988 1989 1990 1991 1992
R. Montgomery Fischer Richard Mixer* Tom Miner Sarah Muyskens* Ned Farquhar
Ned Farquhar* Stephen Holmes*
1993 1994 1995 1996 1997
Ned Farquhar Jane Difley Stephen Holmes* Elizabeth Courtney
1998 1999 2000 2001 2002
Elizabeth Courtney
2003 2004 2005 2006 2007
Elizabeth Courtney
2008 2009 2010 2011 2012
Elizabeth Courtney Brian Shupe
_ 122 VNRC Of icers
1963 1964 1965 1966 1967 1968 1969 1970 1971 1972 1973 1974 1975 1976 1977 1978 1979 1980 1981 1982 1983 1984 1985 1986 1987 C H Edward A Mollie Carl Sarabelle Richard Richard M. Brett1,2,3 Justin Brande Peg Garland Jonathan Brownell David R. Marvin Mark Lapping Carl Reidel W. I Beattie Reidel Hitchner Mixer R Cronin
1963 1964 1965 1966 1967 1968 1969 1970 1971 1972 1973 1974 1975 1976 1977 1978 1979 1980 1981 1982 1983 1984 1985 1986 1987 C V H H. I James E. James W. Peg James W. Jonathan John Hugo Sarabelle Jean A Belmont Pitkin A. O. Converse Carl Reidel Edward W. Cronin Jr. Mollie Beattie Kenneth C Wilkinson Marvin Garland Marvin Brownell Meyer Hitchner Flack I Stevens Gayer E R
S 1963 1964 1965 1966 1967 1968 1969 1970 1971 1972 1973 1974 1975 1976 1977 1978 1979 1980 1981 1982 1983 1984 1985 1986 1987 E C R Sylvia Louis R. Montgomery Perry H. Merrill Seward Weber E Ferry Borie Fischer T A R Y
T 1963 1964 1965 1966 1967 1968 1969 1970 1971 1972 1973 1974 1975 1976 1977 1978 1979 1980 1981 1982 1983 1984 1985 1986 1987 R E A James E. A. John Holden, Robert Richard Sarabelle Perry H. Merrill Bernice Burnham Hugo Meyer H. Kenneth Gayer S Wilkinson Jr. Klein U Mixer Hitchner R E R Note: Years indicated represent service for a majority of that year. Actual service may extend into another year. _ 1. James Marvin (Temporary – May 3, 1963); 2. Samuel Ogden (Temporary – June 28, 1963) 3. Richard Brett (First Permanent – Summer 1963) 123 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 C H Patsy A Richard Sarah Muyskens William Hollis Burbank-Hammarlund Mary Ashcroft Mark Naud Dale Guldbrandsen Carolyn Kehler Kinny Perot Mixer Highberg4 Roper I R
1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 C Patsy V H Patsy Thomas John William Katherine Mary Leonard Virginia I Highberg John Lippincott Mark Naud Susan Clark Stark Biddle Perez Ehrich A Highberg Rawls Nutting Roper M. Vose Ashcroft Wilson Rasch C * I E R Jean Richard Flack Mixer
1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 S E C R. Richard John Sarah Megan R Montgomery Ned Margaret Mary George Paul Gail Byers- Dale Mark Seward Weber Julie Wolcott Mixer Farquhar Laggis Lippincott Muyskens Ashcroft Little Bruhn Freidin Guldbrandsen Naud Camp E Fischer T A Tom R Miner Y
1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 T R E Susie Sarabelle Mark Roberta Peter Sarah Matthew John A John Lippincott Mark Schroeder Bill Amberg Robert Fiske Jr. Atwood Hitchner Schroeder MacDonald Stein Muyskens Huntington Nutting S -Stone U R Sarah E Muyskens R
4. Acting Chair First Half of 1989 _ 124 VNRC Board Members
We were unable to determine the terms of the following founding board members: George Davis; Robert Fish; Marion Hardy; Paul Heald; John Morphy; Robert Nash; Samuel Ogden; Robert Proctor; Marion Smith; and Fritz Wiessner. We have attempted to faithfully represent the names of all former Board members. The records over ifty years are not complete and we apologize for any errors or omissions. The Board members listed here are shown in the year for which they were elected. They may have actually served brie ly in the previous year. _ Chair: Vice-Chair: Secretary: Treasurer: Board Member: 125 _ 126 VNRC Board Members (continued)
_ 127 _ 128 VNRC Staff Members: We have attempted to faithfully represent the names of all former paid full and part-time staff. The records over ifty years are not complete and we apologize for any errors or omissions.
Sue Baird Jamey Fidel Chris Kilian Nina Otter Pat Berry R. Montgomery Fischer Gordon (Toby) Knox, Jr. Eric Palola Kathleen Bond Nadell Fishman Cherie Langer Sylvia Plumb Seth Bongartz Jimmy Fordham Kelly Lowry Donna Pollard Lou Borie Pam Fowler Marion MacDonald Jennifer Ramming Darby Bradley Dorothy H. Fredrickson Marcy Mahr Arthur Ristau Justin Brande Marie Frohlich Kathryn Mathieson Jim Shallow Jake Brown Michele Frome Kate McCarthy James Sharp Matteo Burani Nat Frothingham C. Mead McCoy III Rebecca Sheppard Jane Burchard Dinsmore Fulton Karen McInnes Brian Shupe Bernice Burnham Tom Gilbert Linda McKone Lisa Smith Susan Clark Tina Gray-Rand Stacie McNary Julie Sperling Katherine Clark Kim Greenwood Shelly McSweeney Shari Stahl Andrea Colnes Ruth Ann Greuling Johanna Miller Jeannette T. Stebbins Elizabeth Courtney Jon Groveman Nancy Miller Sylvia Stewart Debra Crespin Hollis Hammarlund Tom Miner Katy Taylor Stephen Crowley Dave Hazelett Richard A. Mixer Erin Lee Tittel Joyce Cusimano Job Heintz Lucy Morini Alison Trowbridge Deb Daniels Sue Higby Mary Morrison Seward Weber Rebecca Davison Stephen Holmes Stephanie Mueller Brendan Whittaker Jane Di ley Don Hooper Sarah Muyskens Arthur Williams Bridgid Dunne Mary Shattuck Hooper Diane Newton Enid Wonacott Peg Elmer Nancy H. Hutchinson Jim Northup Ned Farquhar Kim Kendall John Odum
_ 129 Bibliography
Byers, N. Gail and Leonard U. Wilson. Managing Sherman, Joe. Fast Lane on a Dirt Road: A Rural Growth: The Vermont Development Review Contemporary History of Vermont. Chelsea Green TIME Magazine. “Vermont: Impure as the Driven Process. State of Vermont Environmental Board, Publishing Company, White River Junction, Snow”, October 21, 1985. April, 1983. Vermont, 1991 and 2000. VERs and Bulletins Fox, Jon Gilbert and Donald L. Tinney. Vermonters. Sanford, Robert M. and Mark B. Lapping. The The Countryman Press, Woodstock, Vermont, 1985. Beckoning Country: Act 200, Act 250 and Regional VNRC Minutes Planning in Vermont (Chapter 2). From Big Places, Holmes, Madelyn. American Women Big Plans. Edited by Mark B. Lapping and Owen J. Conservationists: Twelve Pro iles. McFarland & Furuseth. Burlington,Vermont: Ashgate Publishing Company, Inc., Publishers, Jeffferson, North Company, 2004. Carolina and London, 2004. Social Science Data Analysis Network. CensusScope: Merrill, Perry H. The Making of a Forester: An Vermont Population Growth 1960-2000. http:// Autobiographical History. Published by Perry H. www.censusscope.org/us/s50/chart_popl.html Merrill, Montpelier, Vermont, 1984. U.S. Census Bureau. Resident Population and Sherman, Joe. Fast Lane on a Dirt Road - Vermont Apportionment of the U.S. House of Representatives: Transformed:1945-1990. The Countryman Press, Vermont’s Resident Population 1790-2000. http:// Woodstock, Vermont, 1991. www.census.gov/dmd/www/resapport/states/ vermont.pdf
TIME Magazine. “The Press: Country Slickers”, April 28, 1975.
_ 130 Interview List
Mary Ashcroft – 9/28/09 Dave Marvin – 2/4/10
Darby Bradley - 9/18/08 and 10/22/08 Art Ristau – 9/25/08
Hollis Burbank-Hammarlund - 4/24/09 Mark Schroeder – 11/11/09
Susan Clark-10/29/08 Warner Shedd – 2/17/10
Elizabeth Courtney – 6/16/09 and 9/4/12 Brian Shupe – 9/12/12
Jane Di ley - 11/24/08 Tom Slayton – 9/11/08
Monty Fischer -11/06/08 Bill Stetson – 1/8/10
Nat Frothingham – 9/25/08 Bill & Betsey Uptegrove – 8/13/08
Stephen Holmes – 5/11/12 Hub Vogelmann – 9/18/08 and 9/29/08
Don Hooper – 1/26/09 & 1/30/09 Bren Whittaker – 9/12/08
Carolyn Kehler - 11/20/08 Art Williams – 9/19/08
Mark Lapping – 1/29/10 Steve Wright – 1/22/09
_ 131 Brian Mohr / EmberPhoto
_ Vermont’s Working Landscape in View of Camel’s Hump 132 VNRC Projects Through the Years
This map depicts some of the more signi icant issues that VNRC has been involved with over the past ive decades. ID Date Page Project Space limitations do not allow us to indicate the many other environmental policy, research and education initiatives; 21 Late 1990s 54 Killington Master Plan Revised legal cases; and special projects that are also part of VNRC's history. 22 1991 57 Poultney River Designated Class A ID Date Page Project 1 1960s 6 Victory Flood Control Dam Stopped - Wetlands Saved 23 2001 89 Tinmouth Channel Designated Class 1 Wetland
2 1996 60 Clyde River Restored 24 1991 57 Pike’s Falls Protected
3 2005-2007 87 Jay Peak Water Quality Problems Uncovered 25 1991 Salmon Hole/Tamarack Development Defeated
4 1999 65 Champion Lands Protected 26 1993 83 Bears Protected at Stratton Mountain; Stratton Sun Bowl and Master Plan Challenged and Revised 5 1993-2011 57, 95 St. Albans Wal-Mart Challenged 27 2005 83 Sage Hill Bear Corridor Protected 6 1995 64 Aerial Spraying of Herbicides in Northeast Kingdom Halted 28 1992 57 Dorset Marsh Designated 1st Class 1 Wetland in Vermont 7 1977 20 Lake Champlain Islands Trust - VNRC helps found 29 1991 57 Cobb Brook Designated Class A 8 1998 61 Lamoille River Water Quality Restored at Peterson Dam 30 1991 57 Winhall River Receives Partial Class A Designation 9 1994-1997 63 Clear Cutting in Concord Leads to Heavy Cutting Law 31 1989 53 Kidder Brook Receives First Class A Designation in Vermont 10 Late 1990s 88 Stowe Mountain Resort Master Plan Revised 32 1991 56 Battenkill Designated 1st Outstanding Resource Water in Vermont 11 2000 88 North Shore Wetlands Protected 33 1997 60 Deer ield River Land and Water Quality Protected 12 1990s-2000s 94 Circumferential Highway Challenged 34 1996 57 Cold Brook Receives Partial Class A Designation 13 2010 90 Coburn Road Swimming Hole Preserved 35 2005-2012 57, 95 Bennington Wal-Mart Stalled 14 1960s-2000s Various Act 250, Act 200, Current Use, Groundwater and Scores of Other Environmental Laws Passed 36 1972 22 East-West Highway Defeated
15 1993 49, 55 Sugarbush - Mad River Water Withdrawal Limited 37 2007 82 Halifax Forests Protected
16 2006 83 Moosalamoo National Recreation Area Created 38 1960s, 1970s, 7, 18, 79 Vermont Yankee Challenged 2010-2012 17 2006 83 Green Mountain National Forest Plan Revised 39 1989 41 Champlain Pipeline Stopped 18 1977 20 Ottauquechee Regional Land Trust (later Vermont Land Trust) Formed 40 Late 2000s 83 Proposal to Open State Lands to ATVs Reversed 19 1990 38 Parker’s Gore Bear Habitat Protected
20 1985-1988 37 Ottauquechee River Protected
_ 133 6 Locations of VNRC Projects Through the Years 4 1 9 2 13 3 39 38 18 14 40 36 10 37 29 25 20 21 19 24 27 34 15 30 26 31 17 33 23 5 28 12 8 32 16 22 35 7 11 _ 134